Patent Law Keyed to Adelman
Gillman v. Stern
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Plaintiff sought an injunction for a patent infringement on a "puffing machine." The machine operated by blowing thread or yard into packets formed in fabric to create a design. Defendant raised several defenses, one being that there had been a prior use of the machine by Haas. In the fall of 1929, Haas had invented a puffing machine similar to the patented one. He kept it a strict secret and was careful to keep people out of the shop where he kept his four machines. He had his wife and four employees join him in the strictest secrecy. Haas did reveal how the machine performed to two investors who tried, but did not succeed in raising the money for a patent. The lower court held Plaintiff's patent invalid. Both sides appealed.
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