Legal Opinion

Wilkie v. Manhattan Rubber Mfg. Co.

Court of Appeals for the Third Circuit

Decided September 13, 1926No. 3437PublishedCited by 10 opinions

1Opinion of the Court

WOOLLEY, Circuit Judge.

This is a suit for infringement of the single claim of Letters Patent No. 900,055, issued to the Stoughton Rubber Company September 29, 1908, on the application of Ira F. Burnham, the inventor, filed February 2, 1907, and it is herd on the complainant’s appeal from a decree of the District Court dismissing the bill on two of the several defenses; one, that, contrary to Section 4886 of the Revised Statutes (Comp. St. § 9430), the patent was granted after the invention had been in public use or on sale in this country for more than two years prior to the date of the…

2Cases cited5 opinions

  1. Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
  2. Smith & Griggs Manufacturing Co. v. SpragueSupreme Court of the United States · 1887
  3. Wendell v. American Laundry Machinery Co.Court of Appeals for the Third Circuit · 1918
  4. Wilkie v. Manhattan Rubber Mfg. Co.District Court, D. New Jersey · 1925
  5. Callahan v. NesbittCourt of Appeals for the Third Circuit · 1924

3Cited by10 opinions

  1. A.C. Aukerman Company v. R.L. Chaides Construction Co.Court of Appeals for the Federal Circuit · 1992
  2. Gillons v. Shell Co. of CaliforniaCourt of Appeals for the Ninth Circuit · 1936
  3. The Robbins Company v. Lawrence Manufacturing CompanyCourt of Appeals for the Ninth Circuit · 1973
  4. Trane Co. v. Nash Engineering Co.Court of Appeals for the First Circuit · 1928
  5. CATAPHOTE CORPORATION v. DeSoto Chemical Coatings, Inc.District Court, N.D. California · 1964

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