Legal Opinion

Fulton Co. v. Janesville Laboratories, Inc.

Court of Appeals for the Seventh Circuit

Decided August 30, 1927No. Nos. 3749, 3750PublishedCited by 4 opinions

1Opinion of the Court

ALSCHULER, Circuit Judge.

Defendants below appeal from decree finding valid claims 1, 2, 3, 4 and 5 of United States patent No. 971,838, October 4, 1910, to Fulton, and all but claim 1 infringed. The Fulton Company appeals from so much of same decree as finds claim 1 not Infringed, and defendants below not guilty of unfair competition.

Judge Luse, before whom the cause was heard in the District Court, rendered an opinion therein which appears in the margin.1 The facts are there sufficiently stated.

In the briefs and oral argument here for defendants below the defense of double patenting is…

2Cases cited5 opinions

  1. Tilghman v. ProctorSupreme Court of the United States · 1881
  2. W. F. Burns Co. v. Automatic Recording Safe Co.Court of Appeals for the Seventh Circuit · 1916
  3. Aurora Mantle & Lamp Co. v. KaufmannCourt of Appeals for the Seventh Circuit · 1917
  4. Ford Morocco Co. v. Tannage Patent Co.Court of Appeals for the Third Circuit · 1898
  5. Fulton Co. v. Bishop & Babcock Co.District Court, N.D. Ohio · 1925

3Cited by4 opinions

  1. In Re CadyCourt of Customs and Patent Appeals · 1935
  2. Tampax, Inc. v. Personal Products CorporationDistrict Court, E.D. New York · 1941
  3. Bishop & Babcock Mfg. Co. v. Fulton Co.Court of Appeals for the Sixth Circuit · 1930
  4. Fulton Co. v. Janesville Laboratories, Inc.Court of Appeals for the Seventh Circuit · 1928

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