Legal Opinion
E. Clemens Horst Co. v. Oeste
District Court, N.D. California
Decided March 4, 1953No. 6670PublishedCited by 2 opinions
1Opinion of the Court
LEMMON, District Judge.
“A Piece of String” is the title of one of DcMaupassant’s best-known short stories. This Court is now being called upon to determine whether the plaintiff’s patent of a coir string for cleaning hop picking fingers involves fiction of another sort; namely, an untenable legal fiction.
1. The Complaint
On June 6, 1952, the plaintiff filed its complaint, alleging infringement of United States Letters Patent No. 2,114,712, hereinafter referred to as “the patent”.
Other allegations are:
The patent was issued on April 19, 1938, to Emil Clemens Horst, for an invention “in a method…
2Cases cited12 opinions
- Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
- Tilghman v. ProctorSupreme Court of the United States · 1881
- King v. GallunSupreme Court of the United States · 1883
- Himes v. ChadwickCourt of Appeals for the Ninth Circuit · 1952
- Friend v. Burnham & Morrill Co.Court of Appeals for the First Circuit · 1932
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3Cited by2 opinions
- Bergman v. Aluminum Lock Shingle Corp. of AmericaCourt of Appeals for the Ninth Circuit · 1957
- Bergman v. Aluminum Lock Shingle Corporation Of AmericaCourt of Appeals for the Ninth Circuit · 1958