Shawkee Mfg. Co. v. Hartford-Empire Co., 5203.
Decision Date | 21 February 1934 |
Docket Number | No. 5203.,5203. |
Citation | 68 F.2d 726 |
Parties | SHAWKEE MFG. CO. et al. v. HARTFORD-EMPIRE CO. |
Court | U.S. Court of Appeals — Third Circuit |
Jo. Baily Brown, of Pittsburgh, Pa., Otto R. Barnett, of Chicago, Ill., and William B. Jaspert, of Pittsburgh, Pa., for appellants.
Byrnes, Stebbins, Parmelee & Blenko, of Pittsburgh, Pa. (Clarence P. Byrnes, of Pittsburgh, Pa., Thomas G. Haight, of Jersey City, N. J., Vernon M. Dorsey, of New York City, William J. Belknap, of Detroit, Mich., and Robson D. Brown, of Pittsburgh, Pa., of counsel), for appellee.
Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.
The court below having granted a preliminary injunction enjoining patent infringement, defendants appealed. On hearing by this court, it was agreed the case might be disposed of as if on final bearing.
The patent involved was considered by this court in Hartford-Empire Co. v. Hazel-Atlas Glass Co., reported in 59 F.(2d) 399, 413. Reference thereto obviates needless restatement of the art. It suffices to say the patent in question (Peiler's patent, No. 1,655,391) was there held valid, and in passing on the question of infringement the court said: Accordingly, we held in the Hartford-Empire-Hazel-Atlas Case that the claims of the Peiler patent there in suit were broad enough to cover the Hazel-Atlas device. For the same reasons we hold that the claims of the patent here in suit are broad enough to cover the defendants' device.
Briefly stated, the functional invention of that patent was the swelling of a gob in suspension to desired shape and shearing such shaped gob in suspension. The patentee showed it could be done by the use of what he called an "impeller," saying: "The various characteristics of the impeller action may be...
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Co v. United States 10
...infringement suits against Hazel and its subsidiaries. One Circuit Court of Appeals decided favorably to Hazel, Shawkee Mfg. Co. v. Hartford-Empire Co., 68 F.2d 726; another favorably to Hartford. Hartford-Empire Co. v. Hazel-Atlas Glass Co., 59 F.2d 399. Shortly after the latter decision, ......
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William Whitman Co. v. Universal Oil Products Co.
...prosecution begun December 11, 1939. On the basis of disclosures at this trial Hazel commenced the present suit." In Shawkee Mfg. Co. v. Hartford-Empire Co.,35 the Supreme Court considered the same fraud as in the Hazel-Atlas case and that Shawkee had some knowledge or intimations of the fr......
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Hartford-Empire Co. v. Shawkee Mfg. Co.
...in accordance with this opinion. 1 Hartford-Empire Co. v. Hazel-Atlas Glass Co., 3 Cir., 59 F.2d 399. 2 Shawkee Mfg. Co. et al. v. Hartford-Empire Co., 3 Cir., 68 F.2d 726. 3 Hartford-Empire Co. v. Hazel-Atlas Glass Co. et al., 3 Cir., 137 F.2d 4 Only one Pennsylvania case is cited in this ......
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Commissioner of Internal Rev. v. Glenshaw Glass Co.
...64 S.Ct. 1014, 88 L.Ed. 1269, reversing Hartford-Empire Co. v. Shawkee Mfg. Co., 3 Cir., 1943, 137 F. 2d 764; Shawkee Mfg. Co. v. Hartford-Empire Co., 3 Cir., 1934, 68 F.2d 726; and Hartford-Empire Co. v. Hazel-Atlas Glass Co., 3 Cir., 1932, 59 F.2d 2 See William Goldman Theatres, Inc. v. L......