Legal Opinion

Florida Brace Corporation and Arthur R. Moore v. William L. Bartels and Prosthetic & Orthopedic Supply Co.

Court of Appeals for the Ninth Circuit

Decided May 23, 1964No. 19055PublishedCited by 12 opinions

1Opinion of the Court

BARNES, Circuit Judge:

This is an appeal from a judgment of the district court denying recovery to appellants for the alleged infringement by appellees of Moore Patent No. 2,801,-630, and awarding attorneys’ fees of $10,000 to appellees. The patent was upon a cervical collar, which permitted adjustments in height and to a lesser extent, in conformation to the body measurements of a wearer of the well known “Thomas Collar.”

Jurisdiction below rested upon 28 U.S.C. § 1338, and here rests upon 28 U.S.C. § 1291.

The trial court in its opinion found that the Scott collar (itself an improvement on the…

2Cases cited7 opinions

  1. Park-In-Theatres, Inc. v. PerkinsCourt of Appeals for the Ninth Circuit · 1951
  2. Overman v. LoesserCourt of Appeals for the Ninth Circuit · 1953
  3. Faulkner v. GibbsCourt of Appeals for the Ninth Circuit · 1952
  4. Talon, Inc. v. Union Slide Fastener, Inc., Union Slide Fastener, Inc. v. Talon, Inc.Court of Appeals for the Ninth Circuit · 1959
  5. Shingle Product Patents, Inc. v. GleasonCourt of Appeals for the Ninth Circuit · 1954

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

3Cited by12 opinions

  1. Rex Chainbelt Inc., (Cross-Appellee) v. Harco Products, Inc., Dba Dfc Company, (Cross-Appellant)Court of Appeals for the Ninth Circuit · 1975
  2. Super Mold Corporation v. Clapp's Equipment Division, Inc., Clapp's Equipment Division, Inc. v. Super Mold CorporationCourt of Appeals for the Ninth Circuit · 1968
  3. Geo. J. Meyer Manufacturing Co., a Wisconsin Corporation v. San Marino Electronic Corporation, a California CorporationCourt of Appeals for the Ninth Circuit · 1970
  4. Penn International Industries v. Pennington Corp.Court of Appeals for the Ninth Circuit · 1978
  5. Locklin v. Day-Glo Color Corp.Court of Appeals for the Ninth Circuit · 1972

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

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