GILLMAN v. STERN

No. 365.

114 F.2d 28 (1940)

GILLMAN et al. v. STERN et al.

Circuit Court of Appeals, Second Circuit.

August 5, 1940.


Attorney(s) appearing for the Case

Brown & Jones, of New York City (Donald L. Brown, of New York City, of counsel), for plaintiffs.

Henry L. Burkitt of New York City, for defendant.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

Both the plaintiffs and the defendant appeal from the judgment in this action. The plaintiffs filed the usual complaint, asking an injunction for the infringement of Patent No. 1,919,674, issued on July 25, 1933, to the Sterling Airbrush Co., assignee of Laszlo Wenczel, for a pneumatic "puffing machine." The defendant set up a number of defenses: first, that the patent was invalid because inoperative, and too nearly anticipated by the published...

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