Legal Opinion
Clarke v. K-MART
District Court, W.D. Pennsylvania
Decided December 13, 1979No. Civ. A. 77-132 Erie, 77-143 EriePublishedCited by 4 opinions
1Opinion of the Court
OPINION
WEBER, Chief Judge.
In this action Plaintiff claims infringement of his Patent No. 4,029,316 called “Game Ball.” The present patent is limited to the ball which was employed together with a mitt in a game for which plaintiff was issued patent No. 3,999,748, which we held invalid for obviousness in prior proceedings in related cases.
The ball patent in issue here is defined by its claim as follows:
“1. A ball adapted to stick to a target of burr adherent material, said ball consisting of two intersecting rims of impact resistant plastic in planes at right angles to each other, means for…
2Cases cited5 opinions
- John Phil Felburn v. The New York Central Railroad Company, and Fruehauf Trailer Company,defendants-AppelleesCourt of Appeals for the Sixth Circuit · 1965
- Hazeltine Corporation v. General Motors CorporationCourt of Appeals for the Third Circuit · 1942
- Centsable Products, Inc. v. Jerome H. LemelsonCourt of Appeals for the Seventh Circuit · 1979
- Schimizzi v. Chrysler Corp.District Court, S.D. New York · 1978
- Hazeltine Corp. v. General Motors Corp.District Court, D. Delaware · 1941
3Cited by4 opinions
- American Standard Inc. v. Pfizer Inc.District Court, D. Delaware · 1989
- LD Schreiber Cheese Co., Inc. v. Clearfield Cheese Co.District Court, W.D. Pennsylvania · 1982
- Rockwell International Corp. v. United StatesUnited States Court of Federal Claims · 1997
- Clarke v. K-MartCourt of Appeals for the Third Circuit · 1980