Legal Opinion

Penn International Industries, Incorporated, Plaintiff-Appellant/cross v. New World Manufacturing, Inc., Defendants-Appellees/cross

Court of Appeals for the Ninth Circuit

Decided November 9, 1982No. 81-4366, 81-4370PublishedCited by 3 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

This case involves a patent infringement action brought by Penn International Industries, Inc. [“Penn”] against New World Manufacturing, Inc., and its principals, Jerry and Rebecca Moore [“New World”]. On appeal, Penn challenges the district court’s holding that its patent for an air frame waterbed is invalid because the subject matter was obvious under 35 U.S.C. § 103. On cross-appeal, New World alleges that the district court abused its discretion in denying attorneys’ fees to it. We affirm the district court on both issues.

I

The patent in issue, U.S. Patent 3,778,852…

2Cases cited11 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. The Barbed Wire PatentSupreme Court of the United States · 1892
  3. Arbrook, Inc. And John J. Nappi v. American Hospital Supply Corporation, Tackmer Corporation, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1981
  4. Speed Shore Corp. v. DendaCourt of Appeals for the Ninth Circuit · 1979
  5. Tveter v. AB Turn-O-MaticCourt of Appeals for the Ninth Circuit · 1980

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

3Cited by3 opinions

  1. Trans-World Manufacturing Corp., Appellee/cross-Appellant v. Al Nyman & Sons, Inc., and Al-Site Corporation, Appellants/cross-AppelleesCourt of Appeals for the Federal Circuit · 1984
  2. Rite-Nail Packaging Corp. v. Berryfast, Inc.Court of Appeals for the Ninth Circuit · 1983
  3. Rite-Nail Packaging Corp., a Corporation and Donald B. Halstead v. Berryfast, Inc., a Corporation, Rite-Nail Packaging Corp., a Corporation and Donald B. Halstead v. Berryfast, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1983

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