Eversharp, Inc. v. PHILIP MORRIS, INCORPORATED
District Court, E.D. Virginia
1Opinion of the Court
MEMORANDUM OF THE COURT
BUTZNER, District Judge.
In this action the plaintiff, Eversharp, Inc., complains that the defendant, Philip Morris, Incorporated, infringes plaintiff’s patent to Preis and Kuhnl 3,071,857 (referred to as the blade patent or ’857), which was issued January 8, 1963.
No questions of jurisdiction or venue exist. Ownership of the patent is not disputed.
Philip Morris’ defenses are that the claim of the blade patent is invalid and the claim is not infringed. The court concludes that both of these defenses have been established and that judgment should be entered for the…
2Cases cited16 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1950
- Remington Rand Business Service, Inc. v. Acme Card System Co.Court of Appeals for the Fourth Circuit · 1934
- Oliver F. Marston v. J. C. Penney Company, Inc., Oliver F. Marston v. J. C. Penney Company, Inc.Court of Appeals for the Fourth Circuit · 1965
- Power Curbers, Inc. v. E. D. Etnyre & Co. And A. E. Finley & Associates, Inc.Court of Appeals for the Fourth Circuit · 1962
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- Sims v. MacK Trucks, Inc.District Court, E.D. Pennsylvania · 1978
- Studiengesellschaft Kohle Mbh, as Trustee for the Max-Planck-Institut Fur Kohlenforschung v. Northern Petrochemical CompanyCourt of Appeals for the Federal Circuit · 1986
- Studiengesellschaft Kohle Mbh, as Trustee for the Max-Planck-Institut Fur Kohlenforschung v. Northern Petrochemical CompanyCourt of Appeals for the Federal Circuit · 1986