Ferry-Hallock Co. v. Herman
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by the Ferry-Hallock Company against William Herman. From an order granting a preliminary injunction, defendant appeals.
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Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by the Ferry-Hallock Company against William Herman. From an order granting a preliminary injunction, defendant appeals. On appeal from an order of the Circuit Court for the Southern District of New York granting a preliminary injunction restraining the defendant from infringing the claims of letters patent, No. 574,894 dated January 12, 1897, for an improvement in hat packing rings. The decision below is reported in .171 Fed. 437.. The Circuit Judge felt constrained to follow a prior…
1Opinion of the Court
COXE, Circuit Judge.
As the patent was sustained by the Circuit Court in the Waring Case and as the present record contains only the bill and affidavits used on the motion for the preliminary injunction, it is manifest that the validity of the patent is not now in issue and that the question of infringement is alone presented. Consolidated R. T. Co. v. Diamond R. Co., 157 Fed. 677, 85 C. C. A. 349, and cases cited.
Indeed, we understand both parties to agree that the only issue is that of infringement. The ring which is alleged to infringe in the case at bar is materially different from the…
2Cases cited1 opinion
- Consolidated Rubber Tire Co. v. Diamond Rubber Co.Court of Appeals for the Second Circuit · 1907
3Cited by2 opinions
- General Electric Co. v. P. R. Mallory & Co.District Court, S.D. New York · 1923
- Orange Hat Box Co. v. Ferry-Hallock Co.Court of Appeals for the Third Circuit · 1912