Wood Products Development Co. v. Cloud Oak Flooring Co.

JOHN W. OLIVER, District Judge.

I

The evidence was received in this case before Graham v. John Deere Company, 383 U.S. 1, 86 S.Ct. 684, 15 L.Ed.2d 545 (1966) and United States v. Adams, 383 U.S. 39, 86 S.Ct. 708, 15 L.Ed.2d 572 (1966) were decided. Those cases were handed down during the briefing stage of this case. We requested and have had the benefit of counsels’ views as to the impact of those decisions on this case.

The patent cases decided by the Court of Appeals for the Eighth Circuit since Graham and Adams establish that the path generally followed in this Circuit prior to the 1952…