Fichtel v. Barthel
U.S. Circuit Court for the District of Southern New York
In Equity. Suit by Karl Eiclitel and Ernst Sachs, partners as Fichtel & Sachs, against Christiana Barthel and Edward E. Daly, partners as Barthel & Daly, and Albert E. Miller.
1Opinion of the Court
WARD, Circuit Judge.
The defendants demur to a hill for infringement of letters patent, first, because the bill' fails to aver that the invention had not been abandoned before letters granted. The bill must aver everything that is 'made a condition precedent, in section 4886, U. S- Rev. St. (U. S. Comp. St. 1901, p. 3382), to the right to letters. It provides, inter alia, that an inventor may obtain a patent for his invention, if it has not been “in public use or on sale in this country for more than two years prior to his application unless the same is proved to have been abandoned.”…
2Cases cited5 opinions
- Black v. Henry G. Allen Co.U.S. Circuit Court for the District of Southern New York · 1890
- Fowler v. City of New YorkCourt of Appeals for the Second Circuit · 1903
- Wyckoff v. Wagner Typewriter Co.U.S. Circuit Court for the District of Southern New York · 1898
- International Terra Cotta Lumber Co. v. MaurerU.S. Circuit Court for the District of Southern New York · 1890
- Wirt v. HicksU.S. Circuit Court for the District of Southern New York · 1891
3Cited by4 opinions
- Siemens Aktiengesellschaft v. Sonotone CorporationDistrict Court, N.D. Illinois · 1973
- Schaum & Uhlinger, Inc. v. Copley-Plaza Operating Co.District Court, D. Massachusetts · 1917
- Jost v. Borden Stove Co.District Court, E.D. Pennsylvania · 1920
- In re La RosaCourt of Appeals for the Second Circuit · 1925