Legal Opinion

Davis-Bournonville Co. v. Alexander Milburn Co.

District Court, S.D. New York

Decided January 8, 1924PublishedCited by 4 opinions

1Opinion of the Court

Patent 874,666.

LEARNED HAND, District Judge.

This patent was applied for on April 5, 1907, when the art was in its infancy. It is reasonably clear that the patentees at the time did not recognize the full value of their invention, but the fact remains, whether they did or not, that they happened upon a device which became the accepted form, which has displaced all others, and which seems likely to be the final tool by which metals will be cut under this process. As such the patent is entitled to much favor from a court, especially as it appears that for nearly its whole life it has secured the…

2Cases cited28 opinions

  1. Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
  2. Linde Air Products Co. v. Morse Dry Dock & Repair Co.Court of Appeals for the Second Circuit · 1917
  3. Hillard v. Fisher Book TypewriterCourt of Appeals for the Second Circuit · 1908
  4. Fulton Co. v. Powers Regulator Co.Court of Appeals for the Second Circuit · 1920
  5. George Cutter Co. v. Metropolitan Electric Mfg. Co.Court of Appeals for the Second Circuit · 1921

23 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Western States MacH. Co. v. S. S. Hepworth Co.Court of Appeals for the Second Circuit · 1945
  2. Fleischman Yeast Co. v. Federal Yeast CorporationDistrict Court, D. Maryland · 1925
  3. Eclipse MacH. Co. v. J. H. Specialty Mfg. Co.District Court, E.D. New York · 1933
  4. Stromberg Motor Devices Co. v. Zenith-Detroit Corp.Court of Appeals for the Second Circuit · 1928

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API