Legal Opinion

Sinclair Refining Co. v. Martin & Schwartz, Inc.

District Court, W.D. New York

Decided June 10, 1935No. 1869Published

1Opinion of the Court

KNIGHT, District Judge.

This action is brought to restrain the defendant from further infringing the rights claimed to be secured to the plaintiff by letters patent No. 1,948,191 covering certain improvements relating to a price indicator, and to recover damages suffered by reason of the alleged infringement by the defendant. The defenses are noninfringement, invalidity of the patent over the prior art, and misconduct of the plaintiff in the course of the prosecution of the application to the final grant of the patent.

Claim 4 of the patent reads as follows : “In apparatus of the class…

2Cases cited18 opinions

  1. Reckendorfer v. FaberSupreme Court of the United States · 1876
  2. Hailes v. Van WormerSupreme Court of the United States · 1874
  3. Expanded Metal Co. v. BradfordSupreme Court of the United States · 1909
  4. Grinnell Washing MacHine Co. v. E. E. Johnson Co.Supreme Court of the United States · 1918
  5. Dunbar v. MyersSupreme Court of the United States · 1876

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