Legal Opinion
Patriarca Mfg., Inc. v. Sosnick
Court of Appeals for the Ninth Circuit
Decided April 1, 1960No. 16440PublishedCited by 2 opinions
1Opinion of the Court
MERRILL, Circuit Judge.
Appellants have brought this action for infringement of a design patent. The District Court ruled that the patent was invalid for the reason that the design was lacking in invention and, upon this ground, dismissed the complaint with prejudice. This appeal was then taken. The sole question raised is the patent-ability of the design.
The design is that of a showcase used principally in the display of cigars. Letters patent were issued to Appellant Cameron upon this showcase on December 2, 1952, being No. Des. 168,288, entitled “Self-Service Display Container.” Appellant…
2Cases cited6 opinions
- Jungersen v. Ostby & Barton Co.Supreme Court of the United States · 1949
- R. M. Palmer Company v. Luden's, Inc.Court of Appeals for the Third Circuit · 1956
- Forestek Plating & Mfg. Co. v. Knapp-Monarch Co.Court of Appeals for the Sixth Circuit · 1939
- Magarian v. Detroit Products Co.Court of Appeals for the Ninth Circuit · 1942
- Battery Patents Corporation v. CoeCourt of Appeals for the D.C. Circuit · 1937
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rains v. Cascade Industries, Inc.District Court, D. New Jersey · 1967
- Patriarca Mfg., Inc. v. SosnickCourt of Appeals for the Ninth Circuit · 1960