Legal Opinion

The Guiberson Corporation, and Cross-Appellee v. Equipment Engineers, Inc., and Cross-Appellant

Court of Appeals for the Fifth Circuit

Decided April 1, 1958No. 16428PublishedCited by 17 opinions

1Opinion of the Court

HUTCHESON, Chief Judge.

Coming up on an appeal and a so-called cross-appeal by defendant, what is in question here is the correctness of a judgment in a patent infringement suit, 1 which, finding the patent valid but not infringed, denied plaintiff's plea for injunction and damages and dismissed the suit.

Plaintiff, moving to dismiss the cross-appeal as belatedly filed, insists that the sole question for our review is whether the products sold and manufactured by defendant infringe, while the defendant, with equal vigor, insists, that both infringement and validity, indeed all questions which…

2Cases cited21 opinions

  1. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1950
  2. United States & Interstate Commerce Commission v. American Railway Express Co.Supreme Court of the United States · 1924
  3. Sinclair & Carroll Co. v. Interchemical Corp.Supreme Court of the United States · 1945
  4. Exhibit Supply Co. v. Ace Patents Corp.Supreme Court of the United States · 1942
  5. Wine Railway Appliance Co. v. Enterprise Railway Equipment Co.Supreme Court of the United States · 1936

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

3Cited by17 opinions

  1. Richland Knox Mutual Insurance Company v. David Kallen, Sondra Litwin and American Policyholders Insurance Company, Sondra Litwin, Cross v. David Kallen, American Policyholders Insurance Company, Detroit Automobile Inter-Insurance Exchange and Richland Knox Mutual Insurance Company, CrossCourt of Appeals for the Sixth Circuit · 1967
  2. M. O. S. Corporation v. John I. Haas Co., Inc.Court of Appeals for the Ninth Circuit · 1967
  3. The Maytag Company, a Corporation v. The Murray Corporation of America, a CorporationCourt of Appeals for the Sixth Circuit · 1963
  4. Charles T. Samuelson v. Bethlehem Steel Company. Bethlehem Steel Company v. Charles T. SamuelsonCourt of Appeals for the Fifth Circuit · 1963
  5. William T. Graham and Graham-Hoeme Plow Co., Inc. v. Cockshutt Farm Equipment, Inc.Court of Appeals for the Fifth Circuit · 1958

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API