Ferry v. Waring Hat Mfg. Co.
U.S. Circuit Court for the District of Southern New York
In Equity. Final hearing on pleadings and proofs of a suit for infringement of- United States letters patent No. 574,894, January 12, 1897 (applied for June 2, 1894), to F. P. Ferry, assignor of one-half to Theodore Clark & Co., for hat-packing ring.
1Opinion of the Court
UACOMBE, Circuit Judge.
The first impression formed upon reading this patent is that there could be no patentable invention in so simple a modification of earlier forms. But the evidence is most persuasive to the conclusion that, trivial though it seems, the improvement is one which has commercially proved exceptionally successful; and if it were, as defendant contends, a' natural development from earlier forms, it is difficult to understand why, in view of the demands of the trade, no one produced it during the interval succeeding the earlier patent of January 6, 1891, unless it were that…
2Cited by2 opinions
- Ferry-Hallock Co. v. Orange Hat Box Co.District Court, D. New Jersey · 1910
- Orange Hat Box Co. v. Ferry-Hallock Co.Court of Appeals for the Third Circuit · 1912