Legal Opinion
CATAPHOTE CORPORATION v. DeSoto Chemical Coatings, Inc.
District Court, N.D. California
Decided October 8, 1964No. 40985PublishedCited by 11 opinions
1Opinion of the Court
SWEIGERT, District Judge.
Pursuant to previous order of the Court a separate trial has been had of the defenses of public use and on sale (Title 35 USC § 102(b)).
Since the date of patent application for purposes of this case is November 12, 1957, the critical date involved in this defense is November 12, 1956.
The evidence shows in substance and effect that in 1955 Cataphote had marketed a pavement marking composition after very limited testing but, receiving complaints about it turning black, stopped production and set about looking for a better product.
It found out about a British product and…
2Cases cited23 opinions
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Smith & Griggs Manufacturing Co. v. SpragueSupreme Court of the United States · 1887
- Consolidated Fruit-Jar Co. v. WrightSupreme Court of the United States · 1877
- Hall v. MacNealeSupreme Court of the United States · 1883
- Servo Corporation of America, and Cross-Appellant v. General Electric Company, and Cross-AppelleeCourt of Appeals for the Fourth Circuit · 1964
18 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re James A. Smith and James H. McLaughlin and Sterling Drug, Inc., IntervenorCourt of Appeals for the Federal Circuit · 1983
- In Re Yarn Processing Patent Validity Litigation. Sauquoit Fibers Company v. Leesona Corporation, Kayser-Roth Corporation (In Its Own Name and D/B/A Kayser-Roth Hosiery Companyand Kayser-Roth Hosiery Co., Inc.) v. Leesona Corporation, Leesona Corporation v. The Duplan CorporationCourt of Appeals for the Fifth Circuit · 1974
- The Robbins Company v. Lawrence Manufacturing CompanyCourt of Appeals for the Ninth Circuit · 1973
- In re TheisCourt of Customs and Patent Appeals · 1979
- Cataphote Corporation v. Desoto Chemical Coatings, Inc.Court of Appeals for the Ninth Circuit · 1972
6 more not listed; retrieve them via the Exa API.