Wednesday, November 13, 2013

Gillman v. Stern case brief

Gillman v. Stern case brief summary
114 F.2d 28 (1940)

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.

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.


  • 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.

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.

Suggested Study Aids and Books

No comments:

Post a Comment

The Ins and Outs of Class Action Lawsuits: A Comprehensive Guide

Sometimes, you may buy a product only to find it defective. To make it worse, your search for the product reveals mass complaints. You can ...