Legal Opinion
Filon Plastics Corp. v. H. Koch & Sons
District Court, N.D. California
Decided January 29, 1985No. 38645PublishedCited by 1 opinion
1Opinion of the Court
SWEIGERT, District Judge.
This is an action for patent infringement brought under 28 U.S.C. Sec. 1338 (a) and Sec. 1400(b) with a related cause of action for unfair competition under Sec. 1338(b). Defendant has counterclaimed for a declaration of invalidity.
Plaintiff, Filón, claims infringement of Shorts Reissue Patent No. 24,804 which was applied for February 21, 1958, and issued March 29, 1960 to plaintiff as assignee of the inventor Calhoun Shorts. This patent is a reissue of an original Shorts Patent, No. 2,784,763, applied for October 2, 1952 and issued March 12, 1957.
The Reissue Patent,…
2Cases cited14 opinions
- Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1950
- Alexander Milburn Co. v. Davis-Bournonville Co.Supreme Court of the United States · 1926
- Kemart Corp. v. Printing Arts Research Laboratories, Inc.Court of Appeals for the Ninth Circuit · 1953
- United Shoe MacHinery Corp. v. Brooklyn Wood Heel Corp.Court of Appeals for the Second Circuit · 1935
- Griffith Rubber Mills, a Corporation v. Henry S. HoffarCourt of Appeals for the Ninth Circuit · 1963
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3Cited by1 opinion
- Jack Winter, Inc. v. Koratron Company, Inc.District Court, N.D. California · 1974