Warren Booth Burrows
Judge Burrows no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Burrows decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He found patent validity and infringement supported by the presumption of validity, commercial success, and the absence of prior art disclosing the claimed combination.
“On the record presented, in view of tho presumption of validity which atta.ches to the grant of a patent, the proven success of tho patented device, and the fact that no one of tho prior patents or the alleged prior use discloses the combination recited in the claims, I am constrained to hold that the claims are valid and infringed.”
He inferred intent to deceive from numerous points of similarity between competing product designs.
“The greater number of points of similarity, the stronger is the inference of an intentional imitation with intent to deceive.”
Cautions
He denied equitable intervention against state enforcement where the petitioner could obtain an adequate remedy in state court.
“the petitioner is seeking the aid of this court to prevent due process of law in the state courts, where an adequate remedy already exists”
He declined to revive a surety obligation after the surety had relied on a final decree and returned its collateral.
“having acted /upon the judgment of July 23, 1927, as they had a right to do, whereby their relation to the court and to each other had changed, it is my opinion that .the order and deeree of November 22, 1927, did nob re*979vive the former stipulation.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Judgment may therefore be entered for the defendant in each case, without costs.”
“judgment may be entered for the defendant; and it is so ordered.”
“Plaintiff may have a decree for an injunction and an accounting, with actual damages, together with its costs; and it is so ordered.”
“The petitions are dismissed, and the referee’s findings and conclusions are in all respects affirmed and accepted”
“Let a decree be entered holding that the defendant company has been guilty of unfair competition in the packaging and advertising of their windshield wipers, and that plaintiff’s patent, No. 3,659,406, is valid and infringed.”
“Let a decree be entered holding that the defendant company has been guilty of unfair competition in the packaging and advertising of their windshield wipers”
“The bill of complaint, in so far as it charges unfair competition by the defendant company on account of the manufacture of windshield wipers per se (irrespective of the containers or wrappers), is dismissed.”
“The hill of complaint as against the individual defendants, George M. La Vietes and Miriam E. La Vietes, is dismissed.”
“An ad interim stipulation for value with approved surety in the sum of $11,001.56, nunc pro tunc as of September 24, 1925, should be given by the petitioner, the Thames Towboat Company, or the lighter Atlas and her freight for the voyage in question should be transferred to a trustee”
“The demurrer is therefore sustained, and it is so ordered.”
“the issues must be decided in favor of the defendant, except as to so much of plaintiffs’ claims as were conceded.”
“The defendant’s motion for judgment and costs is granted.”
“It is a new creation, and the plaintiff’s patent is valid.”
“It is my opinion that the evidence supports the charge of unfair competition. The plaintiff may have an injunction with costs.”
“Defendant’s motion for judgment is granted. The plaintiff’s action is dismissed, with costs to the defendant.”
A historical record
Judge Burrows no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.