Legal Opinion

Sharp & Smith v. Physicians' & Surgeons' Appliance Co.

U.S. Circuit Court for the District of Eastern Wisconsin

Decided December 15, 1909PublishedCited by 1 opinion

In Equity. Suit by Sharp & Smith, a corporation, against the Physicians’ & Surgeons’ Appliance Company.

1Opinion of the Court

SANBORN, District Judge.

Suit for infringement of patent No. 594,673 for a combined jock-strap and suspensory issued to Charles F. Bennett November 30, 1897, and for an injunction and accounting in the usual form. The defenses are that the patent is invalid and non-infringement. Defendant’s bandage is an exact counterpart of complainant’s in material, shape, and function, but is put together in a different way. It is claimed by defendant that, if the patent is valid, it must be construed so narrowly as to cover a bandage made precisely as described in the patent claim, excluding' any other.

Jock…

2Cases cited4 opinions

  1. Hubbell v. United StatesSupreme Court of the United States · 1900
  2. Gray Telephone Pay Station Co. v. Baird Mfg. Co.Court of Appeals for the Seventh Circuit · 1909
  3. Western Tube Co. v. RainearU.S. Circuit Court for the District of Eastern Pennsylvania · 1907
  4. Winchester Repeating Arms Co. v. Peters Cartridge Co.U.S. Circuit Court for the District of Southern New York · 1909

3Cited by1 opinion

  1. Spirella Co. v. Nubone Corset Co.U.S. Circuit Court for the District of Western Pennsylvania · 1910

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