Williams v. Syracuse & S. R. Co.
District Court, N.D. New York
In Equity. This is a suit to restrain alleged infringement of a design patent - for insulating plug for electric-line supports, and for an accounting. Among the defenses are want of patentable novelty in view of the prior art, that this is not the proper subject of a design patent, and prior use and anticipation.
1Opinion of the Court
RAY, District Judge.
The patent in suit, No. 31,888, to Luzerne A. Williams, for “design for an insulating plug for electric-line supports,” was applied for October 17, 1899, and issued November 14, 1899, and I find no claim or evidence that the alleged invention antedates the application. Drawings accompany the specifications. On the final hearing complainant's counsel stated that no plug of this design has ever been made by plaintiff, or by any one for him; and hence we are confined to the drawings and specifications for a description and an understanding of the exact design claimed. The…
2Cases cited13 opinions
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
- Rowe v. Blodgett & Clapp Co.Court of Appeals for the Second Circuit · 1901
- Wagner Typewriter Co. v. F. S. Webster Co.U.S. Circuit Court for the District of Southern New York · 1906
- Bradley v. EcclesCourt of Appeals for the Second Circuit · 1903
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3Cited by2 opinions
- Bergstrom v. Sears, Roebuck and Co.District Court, D. Minnesota · 1980
- Theodore W. Foster & Bro. Co. v. Tilden-Thurber Co.Court of Appeals for the First Circuit · 1912