Rumford Chemical Works v. Hygienic Chemical Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal from a decree dismissing the bill in an equity suit based upon letters patent No. 474,811, granted to Charles A. Catlin for an improvement in baking powders.
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Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal from a decree dismissing the bill in an equity suit based upon letters patent No. 474,811, granted to Charles A. Catlin for an improvement in baking powders. The patent was sustained by this court in a suit by complainant against New York Baking Powder Company et al., 134 Fed. 385, 67 C. C. A. 367. The bill was dismissed because of the failure to prove infringement, the Circuit Court being of the opinion that a decision of the Circuit Court for the District of New Jersey in Rumford Chemical…
1Opinion of the Court
COXE, Circuit Judge.
The defendants charged with infringement are Plygienic Chemical Company of New York, James E. Heller and Adolph Hirsh, the first two defendants contributing to the defense in the so-called test case against the New York Baking Powder Company in which the validity of the Catlin patent was upheld by this court. In that case Heller testified that he was interested in the defense financially and otherwise and that the Hygienic Chemical Company located at Elizabethport, N. J., manufactured acid phosphate for baking powder and other purposes. Pie testified further as follows:
“We…
2Cases cited1 opinion
- Hutter v. De Q. Bottle Stopper Co.Court of Appeals for the Second Circuit · 1904
3Cited by4 opinions
- Harvey Hubbell, Inc. v. General Electric Co.Court of Appeals for the Second Circuit · 1920
- Rumford Chemical Works v. Hygienic Chemical Co.Supreme Court of the United States · 1909
- J. & G. DEVELOPMENT COMPANY v. All-Tronics, Inc.District Court, E.D. New York · 1961
- Confectioners' Machinery & Manufacturing Co. v. Racine Engine & Machinery Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1908