Legal Opinion
Ryan v. Ideal Toy Corporation
District Court, C.D. California
Decided September 26, 1966No. Civ. A. 66-1351PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM
HALL, District Judge.
The plaintiff sues the defendant for infringement of letters patent 3,267,607 and 3,267,608, and, upon hearing on Order to Show Cause duly issued and noticed, seeks an injunction pendente lite. The patents were issued on August 23, 1966, and the within suit was immediately filed on that date in this Court.
35 U.S.C. § 282 creates a presumption of validity and requires that the person attempting to attack the validity of the patent shall have the burden of proving such invalidity. The section is in the following language:
“35 U.S.C. § 282. Presumption of validity;…
2Cases cited25 opinions
- Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
- The Barbed Wire PatentSupreme Court of the United States · 1892
- Compco Corp. v. Day-Brite Lighting, Inc.Supreme Court of the United States · 1964
- Morgan v. DanielsSupreme Court of the United States · 1894
- Smith v. Goodyear Dental Vulcanite Co.Supreme Court of the United States · 1877
20 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Carter-Wallace, Inc. v. Davis-Edwards Pharmacal Corp.Court of Appeals for the Second Circuit · 1971
- Mayview Corp. v. RodsteinCourt of Appeals for the Ninth Circuit · 1973
- Observa-Dome Laboratories, Inc. v. McGraw-Hill, Inc.District Court, E.D. Pennsylvania · 1972
- American Hospital Ass'n v. HarrisDistrict Court, N.D. Illinois · 1979
- Carter-Wallace, Inc. v. Davis-Edwards Pharmacal Corp.Court of Appeals for the Second Circuit · 1971
1 more not listed; retrieve them via the Exa API.