Legal Opinion

Hamilton Laboratories, Inc. v. Massengill

Court of Appeals for the Sixth Circuit

Decided May 8, 1940No. 8238PublishedCited by 33 opinions

1Opinion of the Court

SIMONS, Circuit Judge.

The patent, the validity of which alone is in issue in the present infringement suit, is one to Lyle A. Weed, No. 2,014,676, granted September 17, 1935, upon an application filed November 19, 1934. It relates to germicides suitable for internal and external medication, and to methods of destroying, in the presence of living tissue, micro-organisms which are pathogenic to man or higher animals. Infringement of the claims in suit is conceded if the claims be valid.' A decree of invalidity, for want of patentable invention over the prior art, is challenged by the appeal.

The…

2Cases cited2 opinions

  1. Britton v. White Manuf'g Co.District Court, D. Connecticut · 1894
  2. John Crossley & Sons, Ltd. v. HoggU.S. Circuit Court for the District of Massachusetts · 1897

3Cited by33 opinions

  1. The Garrett Corporation v. The United StatesUnited States Court of Claims · 1970
  2. Philips Electronic and Pharmaceutical Industries Corp. v. Thermal and Electronics Industries, IncCourt of Appeals for the Third Circuit · 1971
  3. Deep Welding, Inc. v. Sciaky Bros., Inc.Court of Appeals for the Seventh Circuit · 1969
  4. Maurice A. Garbell, Inc. v. Boeing CompanyDistrict Court, C.D. California · 1973
  5. Aluminum Co. of America v. Thompson Products, Inc.Court of Appeals for the Sixth Circuit · 1941

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