Legal Opinion
Sutherland Paper Co. v. Auburn Carton Corp.
Court of Appeals for the Seventh Circuit
Decided March 5, 1941No. 7421PublishedCited by 4 opinions
1Opinion of the Court
EVANS, Circuit Court.
Claims S and 6 of patent No. 1,906,337 are the subject of this suit. Both were held invalid and non-infringed by the District Court. The patent covers cartons for holding and carrying eggs.
The District Court rather pertinently observed :
“I do not know why there is so much prior art in egg carton cases unless it be because we human beings like to work with paper and shears.”
The art is full to overflowing. Invention, if any exists, is to be found in an element, the object of which was to avoid egg breakage. This element is the cushion provided in plaintiff’s structure.…
2Cases cited3 opinions
- Line Material Co. v. Brady Electric Mfg. Co.Court of Appeals for the Second Circuit · 1925
- Berke v. Courtney Folding Box Corp.Court of Appeals for the Second Circuit · 1937
- Directoplate Corp. v. Huebner-Bleistein Patents Co.Court of Appeals for the Seventh Circuit · 1928
3Cited by4 opinions
- James P. Marsh Corp. v. United States Gauge Co.Court of Appeals for the Seventh Circuit · 1942
- Deere & Co. v. International Harvester Co.District Court, S.D. Illinois · 1978
- Howe v. General Motors Corp.District Court, N.D. Illinois · 1966
- Unilectric, Inc., by Change of Name From United Mfg. And Service Co. v. Holwin CorporationCourt of Appeals for the Seventh Circuit · 1957