DUNCAN & MILLER GLASS CO. v. HAZEL ATLAS GLASS CO.

No. 9.

47 F.Supp. 192 (1942)

DUNCAN & MILLER GLASS CO. v. HAZEL ATLAS GLASS CO.

District Court, N. D. West Virginia.

October 14, 1942.


Attorney(s) appearing for the Case

W. G. Stathers, of Clarksburg, W. Va., and Stebbins & Blenko, of Pittsburgh, Pa. (George E. Stebbins and Edward Hoopes, III, both of Pittsburgh, Pa., on the brief), for plaintiff.

James M. Guiher, of Clarksburg, W. Va., and Harry R. Pugh, Jr., of New York City (Stephen H. Philbin and Fish, Richardson & Neave, all of New York City, on the brief), for defendant.


HARRY E. WATKINS, District Judge.

This is a patent infringement suit, involving a design patent of a dish. Only two questions are presented. Is the patent in suit valid? If so, is such patent infringed by the glass dishes made by defendant? The parties are in agreement as to the rules of law by which both validity and infringement are to be determined, leaving only questions of fact for the court.

Upon the question of validity both parties rely upon the rules...

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