American Sulphite Pulp Co. v. De Grasse Paper Co.
Court of Appeals for the Second Circuit
Appeal from tile Circuit Court of the United States for the Northern District of New York. On appeal from a decree of the Circuit Court dismissing the bill based upon reissued letters patent No. 11,282. The opinion below is reported in 151 Fed. 47. The patent was held invalid by the Circuit Court of the District of Maine in an action by this complainant against Howland Falls Pulp Co., 70 Fed. 986. On appeal to the Circuit Court of Appeals for the First Circuit, the decree of…
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Appeal from tile Circuit Court of the United States for the Northern District of New York. On appeal from a decree of the Circuit Court dismissing the bill based upon reissued letters patent No. 11,282. The opinion below is reported in 151 Fed. 47. The patent was held invalid by the Circuit Court of the District of Maine in an action by this complainant against Howland Falls Pulp Co., 70 Fed. 986. On appeal to the Circuit Court of Appeals for the First Circuit, the decree of the Circuit Court was reversed and the patent held valid and infringed. 80 Fed. 395, 25 C. C. A. 500. The patent was…
1Opinion of the Court
COXE, Circuit Judge.
The patent in suit has been the subject of such protracted controversy that every argument which can be urged for or against its validity will be found admirably stated in the opinions already delivered, and need not be repeated here.
Indeed, in the view which we take of the record, none of the defenses challenging the validity of the patent considered in the Maine Case, are now open to discussion except such as arise on the face of *661the patent itself. The bill is in the usual form, it alleges the grant of the patent and infringement’by the defendant. It alleges the…
2Cases cited2 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- New York Belting & Packing Co. v. New Jersey Car Spring & Rubber Co.Supreme Court of the United States · 1890
3Cited by7 opinions
- Donner v. Sheer Pharmacal CorporationCourt of Appeals for the Eighth Circuit · 1933
- Ferro Concrete Const. Co. v. Concrete Steel Co.Court of Appeals for the Sixth Circuit · 1913
- Munising Paper Co. v. American Sulphite Pulp Co.Court of Appeals for the Sixth Circuit · 1915
- Automatic Draft & Stove Co. v. WorksDistrict Court, W.D. Virginia · 1940
- Stafford v. MorrisDistrict Court, N.D. New York · 1908
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