Legal Opinion

Rite-Hite Corp. v. Kelley Co., Inc.

District Court, E.D. Wisconsin

Decided March 5, 1986No. Civ. A. 83-C-434PublishedCited by 8 opinions

1Opinion of the Court

DECISION AND ORDER

REYNOLDS, Chief Judge.

This is an action in patent infringement and unfair competition. Federal jurisdiction derives from 28 U.S.C. § 1338. The plaintiffs Rite-Hite Corporation (“RiteHite”) and its independent representatives seek a judgment that a truck restraining device manufactured and distributed by defendant Kelley Company, Inc. (“Kelley”) infringes a patent owned by Rite-Hite, and that Kelley has competed unfairly by its use of a promotional film. Kelley has counterclaimed, alleging that Rite-Hite’s patent is obvious in view of the prior art and is therefore void, and…

2Cases cited50 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1950
  3. United States v. AdamsSupreme Court of the United States · 1966
  4. General Motors Corp. v. Devex Corp.Supreme Court of the United States · 1983
  5. South Corporation and Seal Fleet, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1982

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3Cited by8 opinions

  1. Rite-Hite Corp. v. Kelley Co.Court of Appeals for the Federal Circuit · 1995
  2. Rite-Hite Corporation, Cross-Appellants v. Kelley Company, Inc., Cross-AppelleeCourt of Appeals for the Federal Circuit · 1987
  3. Afros S.P.A. v. Krauss-Maffei Corp.District Court, D. Delaware · 1987
  4. Rite-Hite Corporation v. Kelley Company, Inc.Court of Appeals for the Federal Circuit · 1995
  5. THK America, Inc. v. NSK Co.District Court, N.D. Illinois · 1993

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