Legal Opinion
Sinko Tool & Manufacturing Co. v. Automatic Devices Corp.
Court of Appeals for the Second Circuit
Decided May 10, 1943No. 227PublishedCited by 7 opinions
1Opinion of the Court
L. HAND, Circuit Judge.
The defendant appeals from a judgment in an action brought under § 63, Title 35 U.S.C.A., to establish the plaintiff’s right “to receive a patent for his invention.” The only question is as to the relative priority of two inventions: the plaintiff’s concededly conceived by one, Sinko, in September, 1933 (an application for a patent on which was filed on April 25, 1938) ; the defendant’s, conceived by one, Johnson, at some unspecified time (an application for a patent on which was filed on January 17, 1936). Since Sinko’s date of conception was earlier than Johnson’s,…
2Cases cited11 opinions
- Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
- Hill v. WoosterSupreme Court of the United States · 1890
- Gold v. GoldCourt of Appeals for the Seventh Circuit · 1916
- Automatic Devices Corp. v. Sinko Tool & Mfg. Co.Court of Appeals for the Seventh Circuit · 1940
- In re Appeals of DrawbaughDistrict of Columbia Court of Appeals · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Knutson v. GallsworthyCourt of Appeals for the D.C. Circuit · 1947
- Sinko Tool & Manufacturing Co. v. Automatic Devices Corp.Court of Appeals for the Second Circuit · 1946
- Standard Oil Company v. MontedisonDistrict Court, D. Delaware · 1980
- Sperry Rand Corp. v. Bell Telephone Laboratories, Inc.District Court, S.D. New York · 1962
- United States Pipe and Foundry Company v. Woodward Iron CompanyCourt of Appeals for the Fourth Circuit · 1964
2 more not listed; retrieve them via the Exa API.