Legal Opinion

R. Hoe & Co. v. Goss Printing Press Co.

Court of Appeals for the Second Circuit

Decided March 22, 1929No. 46PublishedCited by 15 opinions

1Opinion of the Court

PEE CUEIAM.

We held in Page Machine Co. v. Dow, Jones & Co., 168 F. 703, that we would not require a patentee, whose claims we had held valid, to disclaim a claim found invalid by the Circuit Court. At that time the plaintiff had no appeal from an interlocutory decree of invalidity, and the effect of requiring a disclaimer was to make the decision of the Circuit Court final without review by us. If the patentee had had the appeal which he now has, the result need not have been the same, as Judge Westenhaver pointed out in Ensten v. Rich-Sampliner Co. (D. C.) 13 F.(2d) 132. It is the practice…

2Cases cited8 opinions

  1. O'Reilly v. MorseSupreme Court of the United States · 1854
  2. Herman v. Youngstown Car Mfg. Co.Court of Appeals for the Sixth Circuit · 1911
  3. Gage v. HerringSupreme Court of the United States · 1883
  4. Seymour v. McCormickSupreme Court of the United States · 1857
  5. Excelsior Steel Furnace Co. v. Williamson Heater Co.Court of Appeals for the Sixth Circuit · 1920

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3Cited by15 opinions

  1. France Mfg. Co. v. Jefferson Electric Co.Court of Appeals for the Sixth Circuit · 1939
  2. Bassick Mfg. Co. v. Adams Grease Gun CorporationCourt of Appeals for the Second Circuit · 1931
  3. General Chemical Co. v. Standard Wholesale Phosphate & Acid Works, Inc.Court of Appeals for the Fourth Circuit · 1935
  4. Clair v. Kastar, Inc.Court of Appeals for the Second Circuit · 1943
  5. Ensten v. Simon, Ascher & Co.Court of Appeals for the Second Circuit · 1930

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