WEIDHAAS v. LOEW'S INC.

No. 134.

125 F.2d 544 (1942)

WEIDHAAS v. LOEW'S Inc. et al.

Circuit Court of Appeals, Second Circuit.

January 21, 1942.


Attorney(s) appearing for the Case

Samuel E. Darby, Jr., of New York City (Darby & Darby, Samuel D. Cohen, and Walter A. Darby, all of New York City, on the brief), for appellants.

Edward Siegel, of New York City, for appellee.

Before AUGUSTUS N. HAND, C. E. CLARK, and FRANK, Circuit Judges.


C. E. CLARK, Circuit Judge.

Defendants appeal from a decision holding that they have infringed plaintiff's Patent No. 1,756,043, granted April 29, 1930, for a "Stage Curtain or Drop." The first defendant (who has assumed the entire defense) did not deny that there is infringement if the patent is valid, and the trial and decision were consequently directed solely to the issue of whether or not the claims in the patent represented sufficient advance over prior art...

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