Legal Opinion
Keller v. Strauss
U.S. Circuit Court for the District of Southern New York
Decided July 11, 1898PublishedCited by 4 opinions
This was a suit in equity by Arthur H. Keller against Jacob Strauss and Carl Strauss for alleged infringement of a patent. The cause was heard on exceptions to the answer for insufficiency, for that defendants have not answered interrogatories numbered 1 and 2.
1Opinion of the Court
LACOMBE, Circuit Judge.
The suit is for infringement of a patent. The interrogatories are as follows:
“(1) How many toys of the construction of the toy hereto annexed and herewith filed, and marked ‘Exhibit A,’ did you manufacture, use, or sell, within the United States of America, since the 8th day of October, 1895, and before the commencement of this action? (2) How many such toys have you now on hand for sale?”
The toy, Exhibit A, is the patented article, and the date of the patent is October 8, 1895.
The complainant relies upon Coop v. Development Inst., 47 Fed. 899, Same v. Same, 48 Fed.…
2Cases cited4 opinions
- Coop v. Dr. Savage Physical Development Institute, Ltd.U.S. Circuit Court for the District of Southern New York · 1891
- National Hollow Brake Beam Co. v. Interchangeable Brake Beam Co.U.S. Circuit Court for the District of Eastern Missouri · 1897
- De Florez v. RaynoldsU.S. Circuit Court for the District of Southern New York · 1878
- Coop v. Dr. Savage Physical Development Inst., Ltd.U.S. Circuit Court for the District of Southern New York · 1891
3Cited by4 opinions
- Piggly Wiggly Corporation v. SaundersDistrict Court, W.D. Tennessee · 1924
- Lovell Mfg. Co. v. Automatic Wringer Co.U.S. Circuit Court for the District of Western Michigan · 1903
- Haarmann v. LuedersU.S. Circuit Court for the District of Southern New York · 1901
- F. F. Slocomb & Co. v. A. C. Layman Mach. Co.District Court, D. Delaware · 1912