Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

HOOKLESS FASTENER CO. v. LION FASTENER

April 5, 1933

HOOKLESS FASTENER CO.
v.
LION FASTENER, Inc.



The opinion of the court was delivered by: SCHOONMAKER

This is a patent suit involving Sundback Patents Nos. 1,219,881; 1,243,458; and 1,566,996, and Shipman Patent No. 1,734,405. They all relate to slide-fasteners commonly referred to as "zippers," now in general use on clothing, bags, tobacco pouches, etc.

Another patent, Binn's 1,655,982, was originally included in this suit, but at the trial this patent was withdrawn by the plaintiff; and the bill was ordered to be dismissed as to this patent, on the condition that it would not be available in any other suit charging the same infringement.

 As to the patents in suit, the issues raised in the case are as follows:

 (1) As to Sundback Patent No. 1,219,881, applied for August 27, 1914, and issued March 20, 1917 (sometimes referred to as the First Sundback Patent), relating to a combination of elements making up a complete fastener, all of the eleven claims are in suit except claim 5.

 The defendant contends that claims 1, 2, and 3 (interlocking structure-claims) are invalid because: (1) Of indefiniteness; (2) of a disclaimer filed by the plaintiff since suit brought. Defendant further contends that its construction does not infringe these claims.

 The defendant contends that claims 4 and 6 to 11, of this patent (the stop-claims) are invalid, because there is no support for the inventive subject-matter of the claims in the original application.

 Defendant further contends that, even if valid, the infringement, if any, is so inconsequential as to preclude a decree on these claims.

 (2) As to Sundback Patent No. 1,243,458, applied for August 27, 1914, and issued March 20, 1917 (sometimes herein referred to as the Second Sundback Patent), relating to details of construction of the interlocking elements, claims 1, 2, 3, 7, and 15 are in suit.

 The defendant claims that claims 1, 2, 3, and 15 of this patent are invalid by reason of the double patenting.

 The defendant contends that claim 7 of this patent, if interpreted to include defendant's structure, is invalid, because of the prior art, and if interpreted to clear the prior art, defendant does not infringe.

 (3) As to Sundback Patent No. 1,566,996, applied for May 8, 1932, and issued December 22, 1925 (sometimes herein referred to as the Third Sundback Patent), relating to details of construction of the slider member of the fastener, claims 6, 12, and 13 are in suit.

 The defendant contends that the claims of this patent in suit are invalid, if interpreted to include defendant's structure, and if interpreted to avoid the prior art, defendant's structure does not infringe.

 (4) As to the George C. H. Shipman Patent No. 1,734,405, applied for July 2, 1928, and issued November 5, 1929, relating to an automatic lock upon the slider, claims 1, 2, and 3 are in suit.

 The defendant contends that this patent is invalid by reason of the prior art, and that defendant does not infringe.

 From the bill, answer, and proofs, we make and file the following findins of fact and conclusions of law:

 Findings of Fact.

 1. The plaintiff is the owner of all the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.