Legal Opinion

Clyde Allen v. W. H. O. Alfalfa Milling Co., a Colorado Corporation, Harry Spayd v. W. H. O. Alfalfa Milling Co., a Colorado Corporation

Court of Appeals for the Tenth Circuit

Decided November 10, 1959No. 6069, 6070PublishedCited by 21 opinions

1Opinion of the Court

MURRAH, Chief Judge.

This appeal involves the proof of the amount of damages in a patent-infringement suit. By stipulation and order in the trial court, it was agreed and adjudged that appellants Clyde Allen and Harry Spayd had infringed Letters Patent 2,650,745, owned by appellee W. H. 0. Alfalfa Milling Company, by reproducing the patented “feeder for fodder cutters” in a machine for milling alfalfa hay. Ap-pellee Company is the one-man business organization of Walter H. Oberwortman, and upon trial of the issue of damages, he testified that the costs of the patented and unpatented portions…

2Cases cited12 opinions

  1. Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
  2. Garretson v. ClarkSupreme Court of the United States · 1884
  3. Keene v. MeadeSupreme Court of the United States · 1830
  4. Cincinnati Car Co. v. New York Rapid Transit Corp.Court of Appeals for the Second Circuit · 1933
  5. Herzig v. Swift & Co.Court of Appeals for the Second Circuit · 1945

7 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Photovest Corporation, an Indiana Corporation, and Cross-Appellant v. Fotomat Corporation, a Delaware Corporation, and Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1979
  2. Milgo Electronic Corporation, a Florida Corporation v. United Business Communications, Inc., a Kansas Corporation, DefendantCourt of Appeals for the Tenth Circuit · 1980
  3. James D. Hodgson, Secretary of Labor, United States Department of Labor v. Lum Humphries, Doing Business as Wagoner Radio CompanyCourt of Appeals for the Tenth Circuit · 1972
  4. Frito-Lay, Inc. v. Local Union No. 137, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of AmericaCourt of Appeals for the Ninth Circuit · 1980
  5. Fields Engineering & Equipment, Inc. v. Cargill, Inc.Court of Appeals for the Eighth Circuit · 1981

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API