Legal Opinion

The Troxel Manufacturing Company, and Cross-Appellee v. Schwinn Bicycle Company, and Cross-Appellant

Court of Appeals for the Sixth Circuit

Decided April 15, 1974No. 73-1330, 73-1331PublishedCited by 128 opinions

1Opinion of the Court

PHILLIPS, Chief Judge.

This is the second appeal in patent royalties litigation between the licensee of a patent (Troxel) and the owner of the patent (Schwinn) where the patent ultimately was ruled to be invalid. Reference is made to the earlier decision of this court reported at 465 F.2d 1253 (6th Cir. 1972) [hereinafter cited as Troxel /] for details of the background of the case.

Troxel was a licensee under the Schwinn patent. The patent was held invalid by a California District Court on January 3, 1969. 1 2 The United States Court of Appeals for the Ninth Circuit affirmed on December…

2Cases cited12 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  3. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
  4. Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
  5. The Troxel Manufacturing Company, & Cross-Appellant v. Schwinn Bicycle Company, & Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1972

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3Cited by128 opinions

  1. Paul Moore v. City of Paducah Mayor John Penrod Joe Viterisi, Harold Ford, Robert Coleman, and Joe Flynn, Commissioners Robert E. GreenCourt of Appeals for the Sixth Circuit · 1986
  2. Jackson v. Bank of HawaiiCourt of Appeals for the Ninth Circuit · 1990
  3. Ascon Properties, Inc. v. Mobil Oil Co.Court of Appeals for the Ninth Circuit · 1989
  4. Joseph J. Hayes v. New England Millwork Distributors, Inc.Court of Appeals for the First Circuit · 1979
  5. Castellucci v. United States Fidelity and Guaranty Co.Massachusetts Supreme Judicial Court · 1977

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