Legal Opinion

Francklyn v. Guilford Packing Co.

Court of Appeals for the Ninth Circuit

Decided January 4, 1983No. Nos. 81-3291, 81-3340PublishedCited by 12 opinions

1Opinion of the Court

ALARCON, Circuit Judge:

Gilbert Francklyn appeals from that portion of the judgment of the district court denying relief for patent infringement.

We are asked to decide whether Francklyn’s employer, Guilford Packing Company (Guilford) had a shop right allowing it to manufacture and use copies of Francklyn’s patented invention. In addition, we are asked to determine whether Guilford could transfer its purported shop right through a sale and lease back arrangement to a third party named John Lowman, and thereby free Lowman from any obligation to pay royalties to Francklyn for Lowman’s manufacture…

2Cases cited14 opinions

  1. Farmer v. Arabian American Oil Co.Supreme Court of the United States · 1964
  2. United States v. Dubilier Condenser CorpSupreme Court of the United States · 1933
  3. Hapgood v. HewittSupreme Court of the United States · 1886
  4. Harry A. Pursche v. Atlas Scraper and Engineering Co., a Corporation, Atlas Scraper and Engineering Co., a Corporation v. Harry A. PurscheCourt of Appeals for the Ninth Circuit · 1962
  5. Bank of California, N. A. v. W. H. Opie, California Union Insurance CompanyCourt of Appeals for the Ninth Circuit · 1981

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

3Cited by12 opinions

  1. E.I. Du Pont De Nemours & Co. v. Shell Oil Co.Supreme Court of Delaware · 1985
  2. Corrigan v. Armstrong, Teasdale, Schlafly, Davis & DicusMissouri Court of Appeals · 1992
  3. Max C. McElmurry and White River Technologies, Inc. v. Arkansas Power & Light Company, Entergy Corporation and Middle South UtilitiesCourt of Appeals for the Federal Circuit · 1993
  4. Mechmetals Corp. v. Telex Computer Products, Inc.Court of Appeals for the Ninth Circuit · 1983
  5. Nartron Corp. v. Borg Indak, Inc.District Court, E.D. Michigan · 2012

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

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