Legal Opinion

Goldman v. Polan

Court of Appeals for the Fourth Circuit

Decided January 4, 1938No. 4205PublishedCited by 17 opinions

1Opinion of the Court

PARKER, Circuit Judge.

This is an appeal in a patent infringement suit involving Goldman patent, No. 2,039,987, for an umbrella. The defenses were lack of invention, anticipation, and prior use. The court below held the patent invalid on all three grounds, and the plaintiff has appealed. Plaintiff does not contend that there is any novelty in the construction or framework of his umbrella nor does he claim invention with respect to the fabric with which it is covered. His contention is that the combination of the fabric which he uses with the frame of the ordinary umbrella or parasol has…

2Cases cited17 opinions

  1. Hotchkiss v. GreenwoodSupreme Court of the United States · 1851
  2. O'Reilly v. MorseSupreme Court of the United States · 1854
  3. Reckendorfer v. FaberSupreme Court of the United States · 1876
  4. Hailes v. Van WormerSupreme Court of the United States · 1874
  5. Permutit Co. v. Graver Corp.Supreme Court of the United States · 1931

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3Cited by17 opinions

  1. Griffith Rubber Mills, a Corporation v. Henry S. HoffarCourt of Appeals for the Ninth Circuit · 1963
  2. The B.F. Goodrich Company v. United States Rubber CompanyCourt of Appeals for the Fourth Circuit · 1957
  3. L. Sonneborn Sons, Inc. v. CoeCourt of Appeals for the D.C. Circuit · 1939
  4. Diamond International Corporation v. WalterhoeferDistrict Court, D. Maryland · 1968
  5. Evr-Klean Seat Pad Co. v. Firestone Tire & Rubber Co.Court of Appeals for the Eighth Circuit · 1941

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