Legal Opinion

Smith v. Stewart

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided April 24, 1893No. 11PublishedCited by 5 opinions

In Equity. Bill by William T. Smith against John Stewart and others for the infringement of design patent No. 18,703.

1Opinion of the Court

BUTLER, District Judge.

The suit is to recover damages for infringement of design- patent No. 18,703, granted .the complainant October 23, 1888. The defenses are, substantially, want of novelty and invention; failure to mark the rugs as required by law; and noninfringement. As respects the third — alleged failure to mark —no room exists for doubt; the proofs show compliance with the statute.

If the question what constitutes novelty, and invention, in the sense of the statute here involved, was now raised for the first time, I might possibly agree with the defendants. It has, however, been…

2Cases cited2 opinions

  1. Gorham Co. v. WhiteSupreme Court of the United States · 1872
  2. Simpson v. DavisU.S. Circuit Court for the District of Eastern New York · 1882

3Cited by5 opinions

  1. Phœnix Knitting Works v. Bradley Knitting Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1910
  2. General Gaslight Co. v. Matchless Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1904
  3. Charles Boldt Co. v. Turner Bros.Court of Appeals for the Seventh Circuit · 1912
  4. Gimbel v. HoggCourt of Appeals for the Third Circuit · 1899
  5. Lichtenstein v. PhippsDistrict Court, S.D. New York · 1908

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