Welling v. La Bau

United States Circuit Court for the Southern District of New York

Decided June 15, 1882.

United States Circuit Court for the Southern District of New York · decided 1882-06-15

<p>Patents eoh Inventions — Pbiob Use.</p> <p>Wliere the defences of prior use and anticipation are not established, injunction for the infringement of the patent will bo granted.</p>

Cited by 4 later decisions — most recently June 1888

Good law ✅— No negative treatment on recordhow we know

Decided 1882-06-15

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¶1Patents eoh Inventions — Pbiob Use.

¶2Wliere the defences of prior use and anticipation are not established, injunction for the infringement of the patent will bo granted.

¶3Wallace, C. ,T.

¶4The defences of prior uso and anticipation are not well established. In view of the state of the art, the three patents of the complainant in controversy are to be limited to the composition of the specific ingredients in the substantial proportions described. The proofs fail to establish infringement of either patent, except No. 5,940. As to that patent a decree is ordered for an injunction and accounting; the injury upon the accounting to be confined to infringement consisting of the use of shellac and talc in equal parts substantially.