Palmer v. Wilcox Mfg. Co.
District Court, S.D. New York
In Equity. On suit for infringement of letters patent No. 725,278, for a bolt anchor, granted to S. S. Newton April 14, 1903. On motion for preliminary injunction.
1Opinion of the Court
LACOMBE, Circuit Judge.
The patent is only %y2 years old, and has not been adjudicated. That circumstance alone, however, is not enough to overcome the presumption of validity arising from issue by the Patent Office. It must also appear that from common knowledge, or by reason of some display of the prior art, there is reasonable ground for doubting the existence of patentable novelty. Fuller v. Gilmore (C. C.) 121 Fed. 129; Lambert v. Vibrator Co. (C. C.) 138 Fed. 82.
In addition to the device first described, the patentee on page 2, lines 27 to 68 of the specification, sets forth a modified…
2Cases cited2 opinions
- Fuller v. GilmoreU.S. Circuit Court for the District of Southern New York · 1902
- Lambert Snyder Vibrator Co. v. Marvel Vibrator Co.U.S. Circuit Court for the District of Southern New York · 1905
3Cited by5 opinions
- Boyce v. Stewart-Warner Speedometer Corp.Court of Appeals for the Second Circuit · 1914
- Wright Co. v. Herring-Curtiss Co.District Court, W.D. New York · 1910
- Tropic-Aire, Inc. v. JumperDistrict Court, D. Minnesota · 1928
- Hutto Engineering Co. v. Grinder Sales Co.District Court, E.D. Michigan · 1927
- Mygatt v. M. Schaffer-Flaum Co.U.S. Circuit Court for the District of Southern New York · 1910