Legal Opinion

Clark Noe v. W. D. Smith

Court of Appeals for the Fifth Circuit

Decided March 30, 1962No. 18867_1PublishedCited by 9 opinions

1Per curiam

This is an appeal from a final judgment entered in the United States District Court for the Southern District of Florida, dismissing with prejudice appellant’s complaint of infringement of his patent on an underground drainage and disposal system.

Holding appellant’s device unpatentable and the patent invalid by reason of lack of novelty and invention, the trial court entered findings of fact to the effect that the drainage and disposal system on which the patent had been issued had no new, different, or inventive principle, function, or advantage over the prior art and use in the field, in…

2Cases cited4 opinions

  1. Smith v. NicholsSupreme Court of the United States · 1875
  2. Fritz W. Glitsch & Sons, Inc. v. Wyatt Metal & Boiler Works, Wyatt Metal & Boiler Works v. Fritz W. Glitsch & Sons, Inc.Court of Appeals for the Fifth Circuit · 1955
  3. Bufkin R. Fairchild v. Jack A. Poe, D/B/A Poe Roof Co.Court of Appeals for the Fifth Circuit · 1958
  4. Little Mule Corporation, Aluminum Products, Inc., and William E. Housel v. The Lug All CompanyCourt of Appeals for the Fifth Circuit · 1958

3Cited by9 opinions

  1. McCullough Tool Co. v. Well Surveys, Inc.Court of Appeals for the Tenth Circuit · 1965
  2. Sterner Lighting, Inc. v. Allied Electrical Supply, Inc.Court of Appeals for the Fifth Circuit · 1970
  3. Tidewater Patent Development Company, Incorporated v. K. M. Kitchen and Virginia M. Kitchen, Partners Trading as K. M. Kitchenbeauty Supply CompanyCourt of Appeals for the Fourth Circuit · 1967
  4. Swofford v. B & W, INC.District Court, S.D. Texas · 1966
  5. National Athletic Supply Corp. v. Tone-O-Matic Products, Inc., (Formerly Muscle-Matic, Inc.), (The) Big Three Glove Company, and Gilbert I. SmithCourt of Appeals for the Fifth Circuit · 1970

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