Legal Opinion

F. W. Woolworth Co. v. Smith

Court of Appeals for the Eighth Circuit

Decided September 16, 1929No. 8573PublishedCited by 2 opinions

1Opinion of the Court

STONE, Circuit Judge.

This is a suit for infringement of letters patent, Smith No. 1,431,336, relating to improvements in vanity cases. From a decree adjudging infringement, this appeal is brought.

The contention here is that the prior art narrowly restricts the validity of the patent and, so restricted, there is no infringement.

The patent here is not truly for a vanity case, but for a flexible container for a powder puff so constructed as to completely inclose and protect the puff when not in use, and capable of manipulation so that the puff may be used without removal from the case nor being…

2Cases cited5 opinions

  1. Boyden Power-Brake Co. v. Westinghouse Westinghouse v. Boyden Power-Brake Co.Supreme Court of the United States · 1898
  2. Westinghouse v. Boyden Power Brake Co.Supreme Court of the United States · 1898
  3. Concrete Appliances Co. v. GomerySupreme Court of the United States · 1925
  4. Fezzey v. Bemis Bro. Bag Co.Court of Appeals for the Eighth Circuit · 1924
  5. Standard Oil Co. v. Oklahoma Natural Gas Co.Court of Appeals for the Eighth Circuit · 1922

3Cited by2 opinions

  1. United States of America v. Malcolm Hepburn, - United States of America v. Robin LucasCourt of Appeals for the Ninth Circuit · 1995
  2. United States v. John TrahanCourt of Appeals for the Ninth Circuit · 1995

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