Bostitch Inc. v. Precision Staple Corp. Book Reviews

Bostitch Inc. v. Precision Staple Corp. by United States Court Of Appeals Second Circuit Book Summary

This is a patent infringement suit based on two combination patents for improvements in manually operated stapler-fastening devices. The Goodstein patent, No. 2,309,763, was granted February 2, 1943 on an application filed August 16, 1938. Claims 1, 2, 9 and 10 are in suit. The Maynard patent, No. 2,264,322 is for improvements on Goodsteins invention. Although granted earlier, December 2, 1941, the application was filed later, December 12, 1938, than the Goodstein application. Claims 2, 11, 12, 13, 14, 18, 20 and 24 of the Maynard patent are in suit. Both patents are owned by the appellee. The district court found the claims in suit valid and infringed by the machine of the defendants. They have appealed from the interlocutory decree. They contend (1) that the patents present no "invention" over the prior art; (2) that they do not define the alleged improvements with sufficient clarity to comply with 35 U.S.C.A. § 33; (3) that one of the patents is invalid because of double patenting; (4) that all the claims are void as being drawn to an exhausted combination; and (5) that recovery should be denied to plaintiff because of false patent marking. In the view we take the first contention is decisive.

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