Legal Opinion

George H. Magrath v. Draper Corporation

Court of Appeals for the First Circuit

Decided November 7, 1967No. 6950PublishedCited by 7 opinions

1Opinion of the Court

ALDRICH, Chief Judge.

This is an action for patent infringement. The plaintiff Magrath, who owns prior patents in the textile spinning field, on June 11, 1956 applied for a patent for a top-drive spindle. In October 1959 he filed a second application in which he abandoned the first. Patent No. 2,938,676 was issued to him on May 31, 1960. The defendant Draper Corporation is continuing a textile equipment business begun long before 1877, at which date Patent No. 188,784, hereinafter the Draper patent, was obtained upon a bobbin. It would be more accurate to say that both patents were for…

2Cases cited8 opinions

  1. Richards v. Chase Elevator Co.Supreme Court of the United States · 1895
  2. Richards v. Chase Elevator Co.Supreme Court of the United States · 1895
  3. Griffith Rubber Mills, a Corporation v. Henry S. HoffarCourt of Appeals for the Ninth Circuit · 1963
  4. Gibbs v. Triumph Trap Co.Court of Appeals for the Second Circuit · 1928
  5. Lincoln Stores, Inc. v. Nashua Mfg. Co.Court of Appeals for the First Circuit · 1946

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3Cited by7 opinions

  1. Sun Studs, Inc. v. Ata Equipment Leasing, Inc., Applied Theory, Inc. And U.S. Natural Resources, Inc., Defendants/cross-AppellantsCourt of Appeals for the Federal Circuit · 1989
  2. Ramos v. Biomet, Inc.District Court, S.D. Florida · 1993
  3. Larami Ltd. v. Ohio Art Co.District Court, D. New Jersey · 2003
  4. Fernando M. Ronci v. Eastern Plastics Corp.Court of Appeals for the First Circuit · 1968
  5. MagrathUnited States Court of Claims · 1977

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