Gillman v. Stern

114 F.2d 28 (2nd Cir. 1940)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P filed suit against D seeking an injunction for the infringement of Patent No. '674, issued on July 25, 1933, for a pneumatic 'puffing machine' whose application had been filed on January 21, 1931. D claimed in part that the patent was invalid because it too nearly was anticipated by the published art; that it was not infringed; and that there had been a prior use of it by one Haas as early as 1930. D also filed a counterclaim, based upon P's interference with his business by the wanton bringing of the suit in question. The patent was for a pneumatic machine for quilting and the art contained nothing of the kind before except Haas' machine, but the patent took into effect the venturi principle where swiftly moving air entering a larger tube creates a vacuum at the end of the smaller and sucks whatever substance forward to make a mixture. After hearing evidence on the basic physical principles involved and also on Haas’ prior machine, the court held the patent invalid. Both parties appealed.