Legal Opinion

Universal Marion Corp. v. Warner & Swasey Co.

Court of Appeals for the Tenth Circuit

Decided December 30, 1965No. 7979PublishedCited by 4 opinions

1Opinion of the Court

PICKETT, Circuit Judge.

This is a patent infringement suit brought by Warner & Swasey Company, exclusive licensee of Patent No. 2,541,-045, along with the owners of the patent, against Universal Marion Corporation, which manufactures and sells the accused machine. The defense was invalidity and non-infringement. It was alleged that the accused machine infringed Claims 2, 6, 7, 8, 9 and 16 of the patent. After an exhaustive discussion of the facts and the law relating thereto,1 the trial court found the patent to be valid and all the aforesaid claims, except Claim 2, to be infringed by the…

2Cases cited8 opinions

  1. Eames v. AndrewsSupreme Court of the United States · 1887
  2. McCullough Tool Co. v. Well Surveys, Inc.Court of Appeals for the Tenth Circuit · 1965
  3. Merrill v. Builders Ornamental Iron Co.Court of Appeals for the Tenth Circuit · 1952
  4. Mott Corporation and C. W. Mott Research Engineers v. Sunflower Industries, Inc. And Owen Murrell CrumpCourt of Appeals for the Tenth Circuit · 1963
  5. King-Seeley Thermos Co. v. Refrigerated Dispensers, Inc., Diamond Ice MacHine Company, and the Diamond CorporationCourt of Appeals for the Tenth Circuit · 1965

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3Cited by4 opinions

  1. Illinois Tool Works, Inc. v. Sweetheart Plastics, Inc., Maryland Cup Corporation, and Sweetheart Cup CorporationCourt of Appeals for the Seventh Circuit · 1971
  2. In re DybelCourt of Customs and Patent Appeals · 1975
  3. Milford A. Campbell, Plaintiff-Counter-Defendant v. Spectrum Automation Company, Defendant-Counter-PlaintiffCourt of Appeals for the Sixth Circuit · 1975
  4. Universal Marion Corporation v. The Warner & Swasey CompanyCourt of Appeals for the Tenth Circuit · 1965

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