Legal Opinion
The Q-Panel Company v. Stephen E. Newfield
Court of Appeals for the Tenth Circuit
Decided August 8, 1973No. 72-1540PublishedCited by 15 opinions
1Opinion of the Court
LEWIS, Chief Judge.
This appeal reaches us as a side effect of an action tried in the District Court for the District of New Mexico. In the main case plaintiff succeeded in obtaining a judgment declaring United States Patent No. 3,500,682 issued to defendant Newfield to be invalid for obviousness and further dismissing Newfield’s counterclaim for alleged infringement. The single dispositive appellate question is whether the trial court erred in refusing to allow plaintiff to recover attorney fees under the authority of 35 U.S.C. § 285. The cited statute provides:
The court in exceptional cases…
2Cases cited2 opinions
- Purer & Company and Phillip Purer v. Aktiebolaget Addo and Addo MacHine Company, Inc.Court of Appeals for the Ninth Circuit · 1969
- Indiana General Corp. v. Krystinel Corp.Court of Appeals for the Second Circuit · 1970
3Cited by15 opinions
- Milgo Electronic Corporation, a Florida Corporation v. United Business Communications, Inc., a Kansas Corporation, DefendantCourt of Appeals for the Tenth Circuit · 1980
- Plastic Container Corporation v. Continental Plastics of Oklahoma, Inc.Court of Appeals for the Tenth Circuit · 1979
- True Temper Corporation, and Cross-Appellee v. Cf&i Steel Corporation, and Cross-AppellantCourt of Appeals for the Tenth Circuit · 1979
- ADM Corp. v. Speedmaster Packaging Corp.Court of Appeals for the Third Circuit · 1975
- Lam, Inc. v. Johns-Manville Corporation and Johns-Manville Sales CorporationCourt of Appeals for the Tenth Circuit · 1982
10 more not listed; retrieve them via the Exa API.