Legal Opinion

Northern Engineering and Plastics Corp. v. Roger Eddy D/B/A Marshall Manufacturing Co., and Pacific Cap Corporation

Court of Appeals for the Third Circuit

Decided August 4, 1981No. 80-2218PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal presents the question whether a tamperproof plastic milk-bottle closure, Crisci U.S. Patent No. 3,504,818 (1970), is obvious in light of prior art. The patent was assigned to Northern Engineering and Plastics Corporation (NEPCO). Roger Eddy was employed by NEPCO in 1966-67 and contributed to development of the closure. In 1976, Eddy, having terminated his employment with NEPCO some years before, started manufacturing Crisci-type closures without a patent license. In October 1978, NEPCO sued Eddy for infringement. Eddy defended and…

2Cases cited17 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  3. Eibel Process Co. v. Minnesota & Ontario Paper Co.Supreme Court of the United States · 1923
  4. Cuno Engineering Corp. v. Automatic Devices Corp.Supreme Court of the United States · 1942
  5. McClain v. OrtmayerSupreme Court of the United States · 1891

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

3Cited by8 opinions

  1. Struthers Patent Corp. v. Nestle Co., Inc.District Court, D. New Jersey · 1981
  2. General Battery Corp. v. Gould, Inc.District Court, D. Delaware · 1982
  3. Railroad Dynamics, Inc. v. A. Stucki Co.District Court, E.D. Pennsylvania · 1983
  4. LD Schreiber Cheese Co., Inc. v. Clearfield Cheese Co.District Court, W.D. Pennsylvania · 1982
  5. Milliken Research Corp. v. Dan River, Inc.District Court, W.D. Virginia · 1982

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

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