Legal Opinion

Metals Disintegrating Company, Inc. v. Reynolds Metals Company

Court of Appeals for the Third Circuit

Decided January 13, 1956No. 11631_1PublishedCited by 7 opinions

1Opinion of the Court

HASTIE, Circuit Judge.

This is an action for infringement of two patents, No. 2,002,891 and No. 2,-144,953, both used in the manufacture of aluminum paints. The District Court held both valid and found infringement of each from the date plaintiff purged itself of their prior misuse. D.C.D.Del. 1955, 130 F.Supp. 227. Appellant, contending that both patents are invalid for lack of invention, does not contest the claim of infringement if they are valid, but argues that, in any event, the District Court erred in fixing the date when purge was effected.

The setting of the controversy is this. The…

2Cases cited4 opinions

  1. Mercoid Corp. v. Mid-Continent Investment Co.Supreme Court of the United States · 1944
  2. Licznerski v. United StatesCourt of Appeals for the Third Circuit · 1950
  3. Vanadium Corp. Of America v. MarzallCourt of Appeals for the D.C. Circuit · 1952
  4. Metals Disintegrating Co. v. Reynolds Metals Co.District Court, D. Delaware · 1955

3Cited by7 opinions

  1. Carter-Wallace, Inc. v. The United StatesUnited States Court of Claims · 1971
  2. Tinnerman Products, Inc. v. George K. Garrett CompanyDistrict Court, E.D. Pennsylvania · 1960
  3. In Re Yarn Processing Patent Validity LitigationDistrict Court, S.D. Florida · 1979
  4. Levingston Shipbuilding Co. v. AilesDistrict Court, E.D. Texas · 1965
  5. Carter-Wallace, Inc. v. The United StatesUnited States Court of Claims · 1971

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