National Folding Box & Paper Co. v. American Paper Pail & Box Co.
U.S. Circuit Court for the District of Southern New York
In Equity. Suit by the National Folding Box & Paper Company against the American Paper Pail & Box Company and Isador Tahl for infringement of a patent. A preliminary injunction was granted, (48 Fed. Ilep. 918,) and the order allowing; the same was affirmed by the circuit court of appeals. 51 Fed. Bep. 230, 2 C. O. A. 165. The cause is now on final hearing.
1Opinion of the Court
GOXE, District Judge.
This is an equity action for infringement,, founded upon, the second claim of letters patent No. 171,866, granted to-Keubexi Bitter, January 4, 1876, for an improvement-in paper boxes. The patent expired pendente lite. The defenses are lack of novelty and invention, noninfringement, and defective title. The patent has been before the courts several times, and every question relating to the merits has been adjudicated by this court. Box Co. v. Nugent, 41 Fed. Rep. 139; American Paper Pail & Box Co. v. National Folding Box & Paper Co., (the case at bar on preliminary…
2Cases cited4 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- American Paper Pail & Box Co. v. National Folding Box & Paper Co.Court of Appeals for the Second Circuit · 1892
- Parker v. HaworthU.S. Circuit Court for the District of Illinois · 1848
- Jackson ex dem. Ballou v. CampbellNew York Supreme Court · 1830
3Cited by6 opinions
- Electric Auto-Lite Co. v. P. & D. MFG. CO.Court of Appeals for the Second Circuit · 1935
- Mayor of New York v. American Cable Ry. Co.Court of Appeals for the Second Circuit · 1894
- Standard Elevator Co. v. Crane Elevator Co.Court of Appeals for the Seventh Circuit · 1896
- Eastern Dynamite Co. v. Keystone Powder Mfg. Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1908
- National Folding-Box & Paper Co. v. ElsasU.S. Circuit Court for the District of Southern New York · 1894
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