Legal Opinion

Matthews v. Koolvent Metal Awning Co.

Court of Appeals for the Fifth Circuit

Decided November 23, 1946No. 11467PublishedCited by 31 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

Appealing from a decree adjudging the patent valid but not infringed, plaintiffs are here querying, “What shall it profit a patentee that his patent is declared valid if his claims are so precisely read, the rarfge of equivalence so narrowly confined, that piracy is rewarded for the cunningness of its dissimulation and the patentee is robbed of the fruits of his invention?”.

Complaining of the decree as another in that long and growing list of. judgments in patent infringement suits which, finding the patent valid but not infringed, keep the promise of the patent to…

2Cases cited9 opinions

  1. MacHine Co. v. MurphySupreme Court of the United States · 1878
  2. Grinnell Washing MacHine Co. v. E. E. Johnson Co.Supreme Court of the United States · 1918
  3. Railroad Supply Co. v. Elyria Iron & Steel Co.Supreme Court of the United States · 1917
  4. Butex Gas Co. v. Southern Steel Co.Court of Appeals for the Fifth Circuit · 1941
  5. Hughes v. Magnolia Petroleum Co.Court of Appeals for the Fifth Circuit · 1937

4 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Southern States Equipment Corp. v. Usco Power Equipment Corp. Usco Power Equipment Corp. v. Southern States Equipment CorpCourt of Appeals for the Fifth Circuit · 1953
  2. Thomas E. Bryan v. Sid W. Richardson, Inc.Court of Appeals for the Fifth Circuit · 1958
  3. Thurber Corporation v. Fairchild Motor Corporation and Ford Motor CompanyCourt of Appeals for the Fifth Circuit · 1959
  4. Hughes Tool Company v. Varel Manufacturing Company, Inc., Varel Manufacturing Company, Inc. v. Hughes Tool CompanyCourt of Appeals for the Fifth Circuit · 1964
  5. Berry Brothers Corporation, and Cross-Appellee v. Paul L. Sigmon, Trading as Sigmon Hosiery Manufacturing Company, and Cross-AppellantCourt of Appeals for the Fourth Circuit · 1963

26 more not listed; retrieve them via the Exa API.

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