Welling v. La Bau

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

Welling v. La Bau

12 F. 875, 1882 U.S. App. LEXIS 2604

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

DecidedJune 15, 1882

StatusPublished

This text of 12 F. 875 (Welling v. La Bau) 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

Welling v. La Bau, 12 F. 875, 1882 U.S. App. LEXIS 2604 (circtsdny 1882).

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Opinion

Wallace, C. ,T.

The 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.

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Wallace, C. ,T.

The 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.

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Bluebook (online)

12 F. 875, 1882 U.S. App. LEXIS 2604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/welling-v-la-bau-circtsdny-1882.