Legal Opinion

Devex Corp. v. General Motors Corp.

District Court, D. Delaware

Decided September 8, 1970No. Civ. A. No. 3058PublishedCited by 11 opinions

1Opinion of the Court

OPINION

CALEB M. WRIGHT, Chief Judge.

This is an action for infringement of Claim Four of Reissue Patent No. 24,017. It has been tried on the merits without a jury and the Court has heard posttrial argument.

DISCUSSION

Claim Four is now the creature of judicial construction. Its validity was saved by a narrow reading in the Court of Appeals for the Seventh Circuit, Devex v. General Motors, 321 F.2d 234 (7th Cir. 1963), applied here as the law of the case, Devex v. General Motors, 263 F. Supp. 17, 23-24 (D.Del.1967).1 It is not the law, and the premise has not been seriously advanced, that proof…

2Cases cited4 opinions

  1. Devex Corporation v. General Motors CorporationCourt of Appeals for the Seventh Circuit · 1963
  2. Devex Corporation v. Houdaille Industries, Inc.Court of Appeals for the Seventh Circuit · 1967
  3. Devex Corporation v. General Motors CorporationDistrict Court, D. Delaware · 1967
  4. SMIMADZU v. Electric Storage Battery Co.District Court, E.D. Pennsylvania · 1936

3Cited by11 opinions

  1. General Motors Corp. v. Devex Corp.Supreme Court of the United States · 1983
  2. Devex Corp. v. General Motors Corp.Court of Appeals for the Third Circuit · 1981
  3. Devex Corp. v. General Motors Corp.Court of Appeals for the Third Circuit · 1984
  4. Devex Corp. v. General Motors Corp.District Court, D. Delaware · 1980
  5. Devex Corporation, in No. 71-1344 v. General Motors Corporation, in No. 71-1345Court of Appeals for the Third Circuit · 1972

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