Legal Opinion
Emery v. J. G. McCrory Co.
District Court, E.D. New York
Decided June 26, 1933No. 5470PublishedCited by 4 opinions
1Opinion of the Court
GALSTON, District Judge.
This is a motion to dismiss the bill of complaint on the ground that the patentee unreasonably neglected to enter a disclaimer to claims 6, 8, 11, and 13, which were held invalid by the United States Court of Appeals for the Sixth Circuit on June 28, 1930, in the action of F. W. Woolworth Co. v. Emery (S. S. Kresge v. Emery), 42 F.(2d) 398.
The motion is opposed on the ground that on or about November 14, 1929, and therefore prior to the adjudication of the eases in the Sixth Circuit, a suit was started by the plaintiff on the same patent in the Southern District of New…
2Cases cited3 opinions
- Ensten v. Simon, Ascher & Co.Supreme Court of the United States · 1931
- R. Hoe & Co. v. Goss Printing Press Co.Court of Appeals for the Second Circuit · 1929
- F. W. Woolworth Co. v. EmeryCourt of Appeals for the Sixth Circuit · 1930
3Cited by4 opinions
- General Chemical Co. v. Standard Wholesale Phosphate & Acid Works, Inc.Court of Appeals for the Fourth Circuit · 1935
- Lowell v. TriplettCourt of Appeals for the Fourth Circuit · 1935
- General Chemical Co. v. Standard Wholesale Phosphate & Acid Works, Inc.District Court, D. Maryland · 1934
- Rolscreen Co. v. Abraham & Straus, Inc.District Court, E.D. New York · 1938