Legal Opinion
Eskimo Pie Corp. v. Levous
Court of Appeals for the Third Circuit
Decided October 3, 1929No. 3994PublishedCited by 4 opinions
1Opinion of the Court
DAVIS, Circuit Judge.
This is an appeal from a decree of tbe District Court dismissing tbe bill of complaint on tbe ground that United States letters patent No. 1,404,-539 for improvements in confections, issued to C. K. Nelson on January 24,1922, was invalid for lack of invention.
Tbe bill also alleged unfair competition in trade and trade-mark infringement, but no *121error has been assigned, to the decree except as to the patent in suit, and the case is here solely, as stated by both sides, on the question of the validity and consequent infringement of the patent. It was admitted that, if the…
2Cases cited4 opinions
- McClain v. OrtmayerSupreme Court of the United States · 1891
- Potts v. CreagerSupreme Court of the United States · 1895
- Thompson v. BoisselierSupreme Court of the United States · 1885
- Magowan v. New York Belting & Packing Co.Supreme Court of the United States · 1891
3Cited by4 opinions
- Rokap Corp. v. LammDistrict Court, D. Maryland · 1935
- Lensch v. Metallizing Co. of AmericaCourt of Appeals for the Ninth Circuit · 1942
- E. H. Tate Co. v. Jiffy Enterprises, Inc.District Court, E.D. Pennsylvania · 1961
- Rasmusson v. National Popsicle Corp.Court of Appeals for the Ninth Circuit · 1940