Legal Opinion
Berry Sterling Corp., Plaintiff-Cross v. Pescor Plastics, Inc.
Court of Appeals for the Federal Circuit
Decided September 3, 1997No. 96-1380PublishedCited by 26 opinions
1Opinion of the Court
RICH, Circuit Judge.
Berry Sterling Corporation (Berry) appeals the judgment of the United States District Court for the Eastern District of Virginia granting Pescor Plastics, Inc.’s (Pescor) motion for summary judgment and invalidating U.S. Patent Des. No. 362,368 (the ’368 patent) for functionality. We vacate and remand.
BACKGROUND
The patented container design was apparently developed in response to an industry-wide solicitation by the Coca Cola Company requesting the development of a car cup for its “Coke to Go” program. In order to receive consideration, the cups had to meet the following…
2Cases cited9 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Avia Group International, Inc., (Formerly Pensa, Inc.) v. L.A. Gear California, Inc.Court of Appeals for the Federal Circuit · 1988
- Vas-Cath Incorporated and Gambro, Inc. v. Sakharam D. Mahurkar, and Quinton Instruments CompanyCourt of Appeals for the Federal Circuit · 1991
- L.A. Gear, Inc., Plaintiff/cross-Appellant v. Thom McAn Shoe Company and Melville Corporation and Pagoda Trading Company, Inc.Court of Appeals for the Federal Circuit · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Ethicon Endo-Surgery, Inc. v. Covidien, Inc.Court of Appeals for the Federal Circuit · 2015
- Sport Dimension, Inc. v. the Coleman Company, Inc.Court of Appeals for the Federal Circuit · 2016
- Phg Technologies, LLC v. St. John Companies, Inc.Court of Appeals for the Federal Circuit · 2006
- High Point Design LLC v. Buyer's Direct, Inc.Court of Appeals for the Federal Circuit · 2013
- Continental Plastic Containers v. Owens Brockway Plastic Products, Inc.Court of Appeals for the Federal Circuit · 1998
21 more not listed; retrieve them via the Exa API.