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STEINTHAL v. ARLINGTON SAMPLE BOOK CO.

No. 6464.

94 F.2d 748 (1938)

STEINTHAL v. ARLINGTON SAMPLE BOOK CO.

Circuit Court of Appeals, Third Circuit.

February 4, 1938.

Attorney(s) appearing for the Case

Harry Langsam, of Philadelphia, Pa. (Russel W. Leary, of New York City, of counsel), for appellant.

John F. Thaete and Walter T. Fahy, both of Philadelphia, Pa., for appellee.

Before BUFFINGTON, THOMPSON, and BIGGS, Circuit Judges.

THOMPSON, Circuit Judge.

This is an appeal from a decree of the District Court for the Eastern District of Pennsylvania holding Steinthal patent No. 1,941,634 valid and infringed, but denying to plaintiff-appellant damages or profits. Sometime in July, 1933, while the appellant's application for a patent was pending, his licensee manufactured a considerable number of loose-leaf books in accordance with the invention. These books contained no notice that they were...

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