Better Packages, Inc. v. Nashua Package Sealing Co.

Second Circuit

Better Packages, Inc. v. Nashua Package Sealing Co.

74 F.2d 682, 24 U.S.P.Q. (BNA) 337, 1935 U.S. App. LEXIS 3500

CourtCourt of Appeals for the Second Circuit

DecidedJanuary 14, 1935

DocketNo. 143

StatusPublished

Cited by1 cases

This text of 74 F.2d 682 (Better Packages, Inc. v. Nashua Package Sealing Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Better Packages, Inc. v. Nashua Package Sealing Co., 74 F.2d 682, 24 U.S.P.Q. (BNA) 337, 1935 U.S. App. LEXIS 3500 (2d Cir. 1935).

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Opinion

SWAN, Circuit Judge.

The basis for the defendant’s motion and for the District Court’s dismissal of the bill of complaint as to patent No. 1,194,752 and patent No. 1,782,123 was the fact that the plaintiff had unreasonably neglected and delayed to file a disclaimer pursuant to the statute (35 USCA §§ 65, 71) with respect to certain claims of the two patents aforesaid which had been held invalid in another litigation against another defendant. The other litigation was Better Packages, Inc., v. L. Link & Co., Inc., et al. (D. C.) 1 F. Supp. 132, and the opinion of this court on appeal from the final decree therein is handed down herewith. 74 F.(2d) 679. The decision of that ease necessarily governs this.

The decree herein is affirmed.

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SWAN, Circuit Judge.

The basis for the defendant’s motion and for the District Court’s dismissal of the bill of complaint as to patent No. 1,194,752 and patent No. 1,782,123 was the fact that the plaintiff had unreasonably neglected and delayed to file a disclaimer pursuant to the statute (35 USCA §§ 65, 71) with respect to certain claims of the two patents aforesaid which had been held invalid in another litigation against another defendant. The other litigation was Better Packages, Inc., v. L. Link & Co., Inc., et al. (D. C.) 1 F. Supp. 132, and the opinion of this court on appeal from the final decree therein is handed down herewith. 74 F.(2d) 679. The decision of that ease necessarily governs this.

The decree herein is affirmed.

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Bluebook (online)

74 F.2d 682, 24 U.S.P.Q. (BNA) 337, 1935 U.S. App. LEXIS 3500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/better-packages-inc-v-nashua-package-sealing-co-ca2-1935.

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