Legal Opinion

P. E. Sharpless Co. v. Crawford Farms, Inc.

Court of Appeals for the Second Circuit

Decided January 8, 1923No. 130PublishedCited by 8 opinions

1Opinion of the Court

MANTON, Circuit Judge.

Appellant sues for infringement of patent No. 1,258,438 granted to Nusbaum, applied for May 22, 1917, and granted March 5, 1918. It is a grant of a monopoly for a process and a product. The bill also asks for injunctive relief, claiming unfair competition in trade in the packaging and marketing of the product.

The appellant is a Pennsylvania corporation and makes cheese and sells the same commercially in packages. The appellee is a New York corporation and also makes cheese and markets the same commercially in similar sized packages. The inventor, Nusbaum, says he…

2Cases cited4 opinions

  1. Cochrane v. DeenerSupreme Court of the United States · 1877
  2. Smith-Kline & French Co. v. American Druggists SyndicateCourt of Appeals for the Second Circuit · 1921
  3. Kurtz v. BlattDistrict Court, S.D. New York · 1920
  4. Cantrell & Cochrane, Ltd. v. Hygeia Distilled Water Co.Court of Appeals for the Second Circuit · 1922

3Cited by8 opinions

  1. Corn Products Refining Co. v. Federal Trade CommissionCourt of Appeals for the Seventh Circuit · 1944
  2. Application of LevinCourt of Customs and Patent Appeals · 1949
  3. Zenobia Co. v. ShudaDistrict Court, E.D. New York · 1929
  4. Corn Products Refining Co. v. Federal Trade CommissionCourt of Appeals for the Seventh Circuit · 1944
  5. In Re BilskiCourt of Appeals for the Federal Circuit · 2008

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