Legal Opinion

Scully Signal Company v. Electronics Corporation of America, Scully Signal Company v. Electronics Corporation of America

Court of Appeals for the First Circuit

Decided December 29, 1977No. 77-1133 and 77-1144PublishedCited by 13 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Circuit Judge.

This suit for infringement of a 1957 patent was brought in 1968 by Scully Signal Co. (Scully), the assignee of the patent and its licensor. Electronics Corporation of America (ECA), the defendant, alleged both noninfringement and invalidity. The patent expired before trial, leaving only damages at issue. The case was tried in December, 1975 and January, 1976, and at the end of the presentation of evidence ECA moved to amend its pleadings to allege fraud against the Patent Office by Scully because of a failure to reveal allegedly anticipatory patents, which in…

2Cases cited18 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  3. Anderson's-Black Rock, Inc. v. Pavement Salvage Co.Supreme Court of the United States · 1969
  4. Sakraida v. Ag Pro, Inc.Supreme Court of the United States · 1976
  5. Kenneth Reiner and Frank A. Klaus, Jr., D/B/A Kaynar Company and Kaynar Mfg. Co., Inc. v. I. Leon Co., Inc.Court of Appeals for the Second Circuit · 1960

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3Cited by13 opinions

  1. Patricia Lynch v. Michael S. DukakisCourt of Appeals for the First Circuit · 1983
  2. Dcpb, Inc. v. City of Lebanon, Dcpb, Inc. v. City of LebanonCourt of Appeals for the First Circuit · 1992
  3. Noonan v. RauhCourt of Appeals for the First Circuit · 1997
  4. T. J. Stevenson & Co. v. 81,193 Bags of FlourCourt of Appeals for the Fifth Circuit · 1980
  5. T. J. Stevenson & Co., Inc., a Corporation, and Counterclaimant, Appellee-Cross-Appellant v. 81,193 Bags of Flour, Etc., Adm Milling Co., Inc., Counterclaimant & Third Party Plaintiff- Cross-Appellee v. T. J. Stevenson & Co., Inc., Mv Nedon, Etc., as to Counterclaim, Republic of Bolivia, Ministry of Industry, Commerce and Tourism, Third Party Counterclaimant-Appellee, Cross-AppellantCourt of Appeals for the Third Circuit · 1980

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