David Belais, Inc. v. Goldsmith Bros. Smelting & Refining Co.
Court of Appeals for the Second Circuit
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). Through his counsel, plaintiff thus summarizes his invention: “The claim is for a ternary alloy, composed of three metals only in substantial quantities.” The patented alloy has a name; it is called “white gold.” But the name as is substantially admitted, even in the disclosure, is old; and the evidence is clear that for many years white gold has been a well-known alloy used by jewelers. Most of it was “14 karat,” a cheaper product, while the alloy at bar is “18 karat”; but the evidence is also clear that white gold of that grade of fineness was not a…
2Cases cited6 opinions
- Smith v. NicholsSupreme Court of the United States · 1875
- American Stainless Steel Co. v. Ludlum Steel Co.Court of Appeals for the Second Circuit · 1923
- Brady Brass Co. v. Ajax Metal Co.Court of Appeals for the Third Circuit · 1908
- Bethlehem Steel Co. v. Churchward International Steel Co.Court of Appeals for the Third Circuit · 1920
- Boston Pencil Pointer Co. v. Automatic Pencil Sharpener Co.Court of Appeals for the Second Circuit · 1921
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3Cited by11 opinions
- Helene Curtis Industries, Inc. v. Sales Affiliates, Inc.Court of Appeals for the Second Circuit · 1956
- Minnesota Mining & Mfg. Co. v. CoeCourt of Appeals for the D.C. Circuit · 1938
- Libbey-Owens-Ford Glass Co. v. Celanese Corp. of AmericaCourt of Appeals for the Sixth Circuit · 1943
- Tolfree v. WetzlerDistrict Court, D. New Jersey · 1927
- Greene Process Metal Co. v. Washington Iron WorksCourt of Appeals for the Ninth Circuit · 1936
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