Legal Opinion

Western States MacH. Co. v. S. S. Hepworth Co.

Court of Appeals for the Second Circuit

Decided January 16, 1945No. 85PublishedCited by 80 opinions

1Opinion of the Court

L. HAND, Circuit Judge.

Both parties appeal from a judgment in an 'action for the infringement of fouir patents. (In the District Court five were involved, but no appeal has been taken as to one, and we disregard it.) Three were issued to the plaintiff, as assignee of Eugene Roberts: The first No. 1,758,901, on May ,|13, 1930, upon an application fil.ed December 8, 1925. Claims 1, 3, 4, 5, 9 and 10 were in issue, all of which the court held valid and infringed. The defendant appealed. The second, No. 1,861,978, was granted on June 7, 1932, upon an application filed April 23, 1929. Only claim 3…

2Cases cited25 opinions

  1. McClain v. OrtmayerSupreme Court of the United States · 1891
  2. Gayler v. WilderSupreme Court of the United States · 1851
  3. Alexander Milburn Co. v. Davis-Bournonville Co.Supreme Court of the United States · 1926
  4. Pickering v. McCulloughSupreme Court of the United States · 1881
  5. Smith v. HallSupreme Court of the United States · 1937

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3Cited by80 opinions

  1. Autogiro Company of America v. The United StatesUnited States Court of Claims · 1967
  2. Peter Gabor Kalman v. Kimberly-Clark CorporationCourt of Appeals for the Federal Circuit · 1983
  3. Georgia-Pacific Corporation v. United States Plywood CorporationCourt of Appeals for the Second Circuit · 1958
  4. Anton Lorenz v. F. W. Woolworth Co.Court of Appeals for the Second Circuit · 1962
  5. Kemart Corp. v. Printing Arts Research Laboratories, Inc.Court of Appeals for the Ninth Circuit · 1953

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