Legal Opinion

Atlas-Pacific Engineering Company, a Corporation v. Geo. W. Ashlock Company, a Corporation

Court of Appeals for the Ninth Circuit

Decided March 10, 1965No. 19041PublishedCited by 11 opinions

1Opinion of the Court

BASTIAN, Circuit Judge.

This is an appeal from a judgment of the District Court in an infringement suit. Plaintiff in the District Court (ap-pellee here) alleged that Claims 5 and 11 of Patent 2,406,736, granted to plaintiff’s predecessor in interest for a machine for the automatic high speed pitting of olives, had been infringed. Defendant denied infringement, claimed among other things invalidity of the claims, and urged that the patent was unenforceable because of misuse thereof. At the trial, Claim 5 was withdrawn from issue,

After a lengthy trial, the District Court entered extensive…

2Cases cited10 opinions

  1. Aro Manufacturing Co. v. Convertible Top Replacement Co.Supreme Court of the United States · 1964
  2. Brulotte v. Thys Co.Supreme Court of the United States · 1964
  3. Birdsall v. CoolidgeSupreme Court of the United States · 1876
  4. Livesay Window Company, Inc. v. Livesay Industries, Inc., and Everett G. Livesay Window Company, Inc.Court of Appeals for the Fifth Circuit · 1958
  5. Eversharp, Inc. v. Fisher Pen Co.District Court, N.D. Illinois · 1961

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3Cited by11 opinions

  1. Photo Electronics Corporation v. John M. England, Trustee in Bankruptcy for Ferrex Corporation, Photo Electronics Corporation v. Ferrex CorporationCourt of Appeals for the Ninth Circuit · 1978
  2. Saf-Gard Products, Inc. v. Service Parts, Inc.District Court, D. Arizona · 1980
  3. Zila, Inc. v. TinnellCourt of Appeals for the Ninth Circuit · 2007
  4. Sid & Marty Krofft Television Productions, Inc. And Sid & Marty Krofft Productions, Inc. v. McDonald Corporation and Needham, Harper & Steers, Inc., Defendants- Sid & Marty Krofft Television Productions, Inc. And Sid & Marty Krofft Productions, Inc. v. McDonald Corporation and Needham, Harper & Steers, Inc., DefendantsCourt of Appeals for the Ninth Circuit · 1977
  5. Kori Corp. v. Wilco Marsh Buggies & Draglines, Inc.District Court, E.D. Louisiana · 1982

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