Lorillard v. McAlpin

U.S. Circuit Court for the District of Southern New York

Lorillard v. McAlpin

14 F. 112, 1882 U.S. App. LEXIS 2720

CourtU.S. Circuit Court for the District of Southern New York

DecidedFebruary 28, 1882

StatusPublished

This text of 14 F. 112 (Lorillard v. McAlpin) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lorillard v. McAlpin, 14 F. 112, 1882 U.S. App. LEXIS 2720 (circtsdny 1882).

Pincite

Opinion

Blatchford, C. J.

In view of the decision in James v. Campbell, 3 Morr. Trans. 439, there is so much doubt as to the validity of the reissue [“Improvement in Plug Tobacco,” granted, to Charles Siedler, October 24, 1876,] in this case, if construed, in regard to claims 1, 3, and 4, as covering labels not put under wrappers, that those claims must-be construed, for the purposes of this motion, as not extending to labels not under wrappers. That being so, the defendants do not infringe.

The motion is denied.

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Blatchford, C. J.

In view of the decision in James v. Campbell, 3 Morr. Trans. 439, there is so much doubt as to the validity of the reissue [“Improvement in Plug Tobacco,” granted, to Charles Siedler, October 24, 1876,] in this case, if construed, in regard to claims 1, 3, and 4, as covering labels not put under wrappers, that those claims must-be construed, for the purposes of this motion, as not extending to labels not under wrappers. That being so, the defendants do not infringe.

The motion is denied.

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Bluebook (online)

14 F. 112, 1882 U.S. App. LEXIS 2720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lorillard-v-mcalpin-circtsdny-1882.