Legal Opinion

Duval Sulphur & Potash Company v. Potash Company of America

Court of Appeals for the Tenth Circuit

Decided April 25, 1957No. 5416PublishedCited by 6 opinions

1Opinion of the Court

HUXMAN, Circuit Judge.

Duval Sulphur & Potash Company1 appeals from an adverse judgment below in favor of Potash Company of America.2 Potash alleged an infringement by Duval of the Anderson Reissue Patent No. 21566.3 Damages were sought, and recovered, under 35 U.S.C. §§ 284, 285. The Patent covers a flotation process by which potassium chloride (potash) is separated from sodium chloride (salt).

In 1947 Duval entered the business of mining and refining commercial potash near Carlsbad, New Mexico. Potash has been in this business in that area since 1939 and possessed several patents dealing with…

2Cases cited5 opinions

  1. De Forest Radio Telephone Co. v. United StatesSupreme Court of the United States · 1927
  2. Potash Co. of America v. International Minerals & Chemical Corp.Court of Appeals for the Tenth Circuit · 1954
  3. United States v. Société Anonyme Des Anciens Establissements CailSupreme Court of the United States · 1912
  4. Kenneth Houtz v. General Bonding & Insurance Co.Court of Appeals for the Tenth Circuit · 1956
  5. May v. Western Lime Co.Washington Supreme Court · 1911

3Cited by6 opinions

  1. International Manufacturing Co. v. Landon, Inc.Court of Appeals for the Ninth Circuit · 1964
  2. Hughes Aircraft Co. v. General Instrument Corp.District Court, D. Rhode Island · 1967
  3. Jamesbury Corp. v. Litton Industrial Products, Inc.District Court, D. Connecticut · 1977
  4. Core Laboratories, Inc. v. Hayward-Wolff Research Corp.Supreme Court of Delaware · 1957
  5. International Manufacturing Co., Inc., a Corporation, and Rodolfo Jacuzzi, an Individual v. Landon, Inc., a Corporation, Jacuzzi Bros., a Corporation v. Landon, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1964

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