Valvona-Marchiony Co. v. Perella

Citations

• 207 F. 377
• 1913 U.S. Dist. LEXIS 1314

Syllabus

<p>1. Patents (§ 328*)—Validity—Molds foe Ice Cream Biscuit Cups.</p> <p>The Valvona patent, No. 701,770, for a mold for making biscuit cups 'to be used for holding ice cream, held valid, especially in so far as it provides for an appliance having all the heat absorbing and conducting sides of the mold of substantially the same thickness.</p> <p>2. Patents (§ 328*)—Ice Cream. Biscuit Cup—Infringement—“Substantially.”</p> <p>Complainant sued for infringement of Valvona patent, No. 701,770, for a mold for making biscuit cups for holding ice cream; the important rovision of the claim being a mold so constructed that all the heat absorbing and conducting sides were substantially of the same thickness. Held, that the word “substantially” meant that it was the same in all important particulars, implying that the results of the use of the device could not be obtained if there was a difference in the thickness; and hence the patent was not infringed by a. similar mold used by defendant, much heavier in construction, and the heat absorbing and conducting sides of which were not substantially of the same thickness.</p> <p>'3. Patents (§ 312*)—Infringement—Nature of Wrong—Burden of Proof.</p> <p>Infringement of a patent is a tort, and the burden of proving it is on him who asserts it.</p> <p>[Ed. Note.—For other cases, see Patents, Cent. Dig. §§ 544-549; Dec. Dig. § 312.*]</p>