Legal Opinion

Turner v. Montgomery Ward & Co.

District Court, E.D. New York

Decided October 28, 1982No. 79-CIV-789PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER

COSTANTINO, District Judge.

This action is based upon a suit alleging infringement of United States Patent No. 3,690,495 (“Turner ’495”) by the defendant. The suit patent relates to a child-resistant closure for containers.

Defendant has moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The single ground upon which defendant bases its motion is that the patent in suit is invalid as being directed to obvious subject matter under 35 U.S.C. § 103. For the reasons set forth below, the defendant’s motion is hereby granted.. Turner…

2Cases cited19 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  3. Sakraida v. Ag Pro, Inc.Supreme Court of the United States · 1976
  4. Goodyear Tire & Rubber Co. v. Ray-O-Vac Co.Supreme Court of the United States · 1944
  5. Republic Industries, Inc. v. Schlage Lock CompanyCourt of Appeals for the Seventh Circuit · 1979

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3Cited by1 opinion

  1. Lyle/Carlstrom Associates, Inc. v. Manhattan Store Interiors, Inc.District Court, E.D. New York · 1986

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