Gillman v. Stern case brief summary
114 F.2d 28 (1940)
CASE FACTS
Plaintiffs filed a patent infringement complaint, seeking injunctive relief for defendant's infringement of a patent relating to a "puffing machine." Defendant filed a counterclaim. Plaintiffs and defendant appealed a decision of the federal district court.
DISCUSSION
CONCLUSION
The court reversed the judgment and entered in favor of plaintiffs on all claims, because defendant's actions constituted infringement. The court affirmed the dismissal of defendant's counterclaim.
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114 F.2d 28 (1940)
CASE SYNOPSIS
Plaintiffs appealed a decision of the
United States District Court for the Southern District of New York,
denying plaintiffs injunctive relief in their patent infringement
action against defendant. Defendant appealed the dismissal of his
counterclaim against plaintiffs for interference with his business.CASE FACTS
Plaintiffs filed a patent infringement complaint, seeking injunctive relief for defendant's infringement of a patent relating to a "puffing machine." Defendant filed a counterclaim. Plaintiffs and defendant appealed a decision of the federal district court.
DISCUSSION
- On appeal, the court held that if an old article was physically changed even slightly to fit the new use, it would become itself a new "machine" or "manufacture," and 35 U.S.C.S. § 31 would be satisfied.
- In deciding the appeal in plaintiffs' favor, the court reversed and dismissed defendant's counterclaim.
CONCLUSION
The court reversed the judgment and entered in favor of plaintiffs on all claims, because defendant's actions constituted infringement. The court affirmed the dismissal of defendant's counterclaim.
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