Bruce A. Kock v. The Quaker Oats Company
Court of Appeals for the Ninth Circuit
1Opinion of the Court
KENNEDY, Circuit Judge:
The appeal comes from a patent infringement suit where the trial court, within the confines of a summary judgment motion, determined the patent invalid. The court ruled that 35 U.S.C. § 102(b) (1976) operates to invalidate the patent because the invention had been on sale for longer than one year before the date of the patent application. All concede that certain rights to the invention were transferred by an agreement executed more than a year before the patent application. The inventor argues that the transfer was for an experimental purpose and so not within the bar…
2Cases cited29 opinions
- Pacific Gas & Electric Co. v. G. W. Thomas Drayage & Rigging Co.California Supreme Court · 1968
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Pennock v. DialogueSupreme Court of the United States · 1829
- Egbert v. LippmannSupreme Court of the United States · 1881
- Smith & Griggs Manufacturing Co. v. SpragueSupreme Court of the United States · 1887
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3Cited by11 opinions
- National Union Fire Insurance Company of Pittsburgh, Pennsylvania v. Argonaut Insurance CompanyCourt of Appeals for the Ninth Circuit · 1983
- Moleculon Research Corp. v. CBS, INC.District Court, D. Delaware · 1984
- Scott Paper Co. v. Moore Business Forms, Inc.District Court, D. Delaware · 1984
- Milliken Research Corp. v. Dan River, Inc.District Court, W.D. Virginia · 1982
- Nordberg Inc. v. Telsmith, Inc.District Court, E.D. Wisconsin · 1995
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