Falkenberg v. Bernard Edward Co.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
DUFFY, Circuit Judge.
Plaintiff is the owner of U.S. Letters Patent No. 2,409,425 pertaining to drapery mountings. In this action defendant is charged with infringement of Claims 14 1 and 15 2 . The usual defenses of invalidity and non-infringement are presented.
The trial court made a finding that “plaintiff’s hanger was novel, presented a genuine improvement to the drapehangir.g trade, and had remarkable public acceptance.” The court said, “Under the state of the law as it formerly existed, these elements would probably combine to produce patentable invention.” However, the trial court held…
2Cases cited10 opinions
- Mercoid Corp. v. Mid-Continent Investment Co.Supreme Court of the United States · 1944
- Cuno Engineering Corp. v. Automatic Devices Corp.Supreme Court of the United States · 1942
- Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1949
- Mercoid Corp. v. Minneapolis-Honeywell Regulator Co.Supreme Court of the United States · 1944
- Sylvania Industrial Corporation v. Visking CorporationCourt of Appeals for the Fourth Circuit · 1943
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3Cited by8 opinions
- Dean A. Lyon v. Bausch & Lomb Optical Co.Court of Appeals for the Second Circuit · 1955
- Armour & Co. v. Wilson & Co., Inc.Court of Appeals for the Seventh Circuit · 1960
- R. M. Palmer Company v. Luden's, Inc.Court of Appeals for the Third Circuit · 1956
- Trico Products Corporation v. Delman Corporation Delman Corporation v. Trico Products CorporationCourt of Appeals for the Eighth Circuit · 1950
- Falkenberg v. GoldingCourt of Appeals for the Seventh Circuit · 1952
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