Legal Opinion

C. S. Johnson Company, a Corporation v. Merle W. Stromberg, Doing Business as California Batching Equipment Co.

Court of Appeals for the Ninth Circuit

Decided May 8, 1957No. 15249PublishedCited by 13 opinions

1Opinion of the Court

BARNES, Circuit Judge.

This is a suit for infringement of United States Letters Patent No. 2,138,-172, for a concrete Batching Apparatus invented by plaintiff’s assignors. The patent issued November 29, 1938, expired November 29, 1955. (The filing date was February 10, 1937.) Suit was instituted August 25, 1954. By the time trial was had, the prayer for injunctive relief was moot.

The invention may be succinctly described as a combination patent, whereby a cement hopper is centrally located within an aggregate (sand and rock) hopper, each hopper being independently supported so that their…

2Cases cited13 opinions

  1. Radio Corp. of America v. Radio Engineering Laboratories, Inc.Supreme Court of the United States · 1934
  2. Philadelphia & Trenton Railroad v. StimpsonSupreme Court of the United States · 1840
  3. Korte v. New York, N. H. & H. R. CoCourt of Appeals for the Second Circuit · 1951
  4. Paraffine Companies, Inc. v. McEverlast, Inc.Court of Appeals for the Ninth Circuit · 1936
  5. Marvin Edwin Whiteman v. L. G. MathewsCourt of Appeals for the Ninth Circuit · 1954

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3Cited by13 opinions

  1. Trans-World Manufacturing Corp., Appellee/cross-Appellant v. Al Nyman & Sons, Inc., and Al-Site Corporation, Appellants/cross-AppelleesCourt of Appeals for the Federal Circuit · 1984
  2. Eaton Corp. v. Appliance Valves Corp.Court of Appeals for the Federal Circuit · 1986
  3. Rena Kardulas v. Florida MacHine Products Company, R.C. Products, Inc., and John M. DudinskyCourt of Appeals for the Fifth Circuit · 1971
  4. Bufkin R. Fairchild v. Jack A. Poe, D/B/A Poe Roof Co.Court of Appeals for the Fifth Circuit · 1958
  5. Sutter Products Company v. Pettibone Mulliken CorporationCourt of Appeals for the Seventh Circuit · 1970

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