Legal Opinion
Eugene A. Wahl and Vibra Screw, Incorporated v. Rexnord, Inc
Court of Appeals for the Third Circuit
Decided June 16, 1980No. 79-2054PublishedCited by 57 opinions
1Opinion of the Court
OPINION OF THE COURT
A. LEON HIGGINBOTHAM, Jr., Circuit Judge.
It is a generally recognized precept in patent law that an inventor can obtain no more than one patent for any original discovery. Many decisions of this and other circuits have analyzed the circumstances in which a patented discovery can be said to copy an earlier patented discovery, and therefore is invalid as a double patent. This case, one of first impression in this court, requires us to analyze double patenting in the unusual circumstance where the two patents are of different types; the first is a design patent covering the…
2Cases cited14 opinions
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Bryson, Paul E. v. Brand Insulations, Inc.Court of Appeals for the Third Circuit · 1980
- Application of Luke Thorington, Gerald Schiazzano and Joel ShurganCourt of Customs and Patent Appeals · 1969
- Application of StanleyCourt of Customs and Patent Appeals · 1954
- Helen Russell Pierce, of the Last Will and Testament of George Washington Pierce, Deceased v. Allen B. Du Mont Laboratories, IncCourt of Appeals for the Third Circuit · 1961
9 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Carman Industries, Inc. v. Eugene A. Wahl and Vibra Screw, Inc.Court of Appeals for the Federal Circuit · 1983
- Toro Co. v. Textron, Inc.District Court, D. Delaware · 1980
- Matter of Bevill, Bresler & Schulman AssetDistrict Court, D. New Jersey · 1986
- Travelodge Hotels, Inc. v. Honeysuckle Enterprises, Inc.District Court, D. New Jersey · 2005
- Cumis Insurance Society, Inc. v. Girard BankDistrict Court, E.D. Pennsylvania · 1981
52 more not listed; retrieve them via the Exa API.