Legal Opinion

Lord & Burnham Co. v. Payne

Court of Appeals for the Third Circuit

Decided February 16, 1912No. 75 (1,555)PublishedCited by 1 opinion

Appeal from the Circuit Court of the United States for the District of New Jersey. Suit in equity by the Lord & Burnham Company against John A. Payne. Decree for defendant, and complainant appeals.

1Opinion of the Court

GRAY, Circuit Judge.

In the court below, a bill in equity was filed by the appellant, a corporation of the state of New York, in a suit against the appellee,- charging infringement of letters patent No. 583,-247, dated May 25, 1897, to William A. Burnham. The answer set forth the usual defenses of want of validity by reason of anticipation, lack of patentable invention, and noninfringement. The decree (190 Fed. 172) was in favor of the defendant, holding the patent invalid for want of invention, and from this decree the complainant has appealed.

In his specification the patentee speaks of his…

2Cases cited1 opinion

  1. Lord v. PayneU.S. Circuit Court for the District of New Jersey · 1911

3Cited by1 opinion

  1. Duncan Meter Corp. v. M. H. Rhodes, Inc.District Court, D. Delaware · 1946

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