The opinion of the court was delivered by: RAYFIEL
The plaintiff sues the defendant for damages for the infringement of its patent No. 2,613,420.
The patent was issued on October 14, 1952, to one Max Brown, who assigned it to the plaintiff. It covers a buckle, which is used to connect the shoulder straps on articles of lingerie, such as brassieres or slips.
The defendant has conceded the infringement, but contests the validity of the patent. The only issue before the Court, therefore, is that of validity.
The plaintiff contends that its patent filled a long-felt want in the buckle art, in that it provided a buckle which holds the shoulder strap flat, and thus prevents skewing or twisting of the strap when it is not under tension while the garment is being worn.
The defendant, on the other hand, contends that the plaintiff's patent merely combines features well known in the prior art, is not invention, and hence is invalid.
A representation of the plaintiff's buckle is shown in plaintiff's exhibit '5a' in evidence, hereto annexed.[SEE ILLUSTRATION IN ORIGINAL]
An examination of the buckle reveals that it is a combination of several features already known. In general form it follows what is called the round bottom buckle, a representation of which was received in evidence as plaintiff's exhibit '17', which is hereto annexed. This buckle is similar to the plaintiff's, with the exception of the two lower projections marked '21' and '22' on exhibit '5a', and the hump on the bottom, marked '28'.
Prior Art Round Bottom Buckle[SEE ILLUSTRATION IN ORIGINAL]
The two lower projections on the buckle (Nos. 21 and 22 on exhibit 5a) are found in the Lombardi patent No. 2,473,209, issued on June 14, 1949, a representation of which was received in evidence as plaintiff's exhibit '18' hereto annexed. They appear in said exhibit as '4c' and '4d'.
Lombardi Patent 2,473,209
Fig. 1.[SEE ILLUSTRATION IN ...