Legal Opinion
Blumcraft of Pittsburgh v. Kawneer Company, Inc.
Court of Appeals for the Fifth Circuit
Decided July 20, 1973No. 72-3428PublishedCited by 18 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
In the 1971 case of Blonder-Tongue Laboratories v. University of Illinois Foundation, 402 U.S. 313, 91 S.Ct. 1434, 28 L.Ed.2d 788, the Supreme Court partially overruled a long line of cases 1 and held that collateral estoppel could be applied in patent infringement cases, regardless of mutuality as long as the plaintiff had a “full and fair opportunity” to litigate the validity of his patent in a prior action and was unsuccessful. In the case sub judice we are asked to decide whether the collateral estoppel made possible by Blonder-Tongue attaches where a prior…
2Cases cited21 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
- Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
- Triplett v. LowellSupreme Court of the United States · 1936
- Philips Electronic and Pharmaceutical Industries Corp. v. Thermal and Electronics Industries, IncCourt of Appeals for the Third Circuit · 1971
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3Cited by18 opinions
- Richard Lawrence Stevenson v. Sears, Roebuck & CompanyCourt of Appeals for the Federal Circuit · 1983
- Sandoval v. Superior CourtCalifornia Court of Appeal · 1983
- Soverain Software LLC v. Victoria's Secret Direct Brand Management, LLCCourt of Appeals for the Federal Circuit · 2015
- Mississippi Chemical Corporation v. Swift Agricultural Chemicals CorporationCourt of Appeals for the Federal Circuit · 1983
- Bourns, Inc. v. United StatesUnited States Court of Claims · 1976
13 more not listed; retrieve them via the Exa API.