Legal Opinion

Burlington Industries, Inc. v. Dayco Corporation

Court of Appeals for the Federal Circuit

Decided June 14, 1988No. 88-1024PublishedCited by 84 opinions

1Opinion of the Court

NICHOLS, Senior Circuit Judge.

In this case the trial court has applied F.R.Civ.P. 56 to enter a summary judgment holding that Patent No. 4,283,455 (’455 patent) is unenforceable for inequitable conduct by the patent attorney or agent who applied for it. The court, however, denied summary judgment, as also sought on grounds of obviousness and noninfringement, but its decision on these issues may have been influenced by its interpretation of the patent respecting the dispositive issue. Burlington Industries, Inc., assignee of the patent, appeals and there is no cross-appeal as to the issues on…

2Cases cited8 opinions

  1. Autogiro Company of America v. The United StatesUnited States Court of Claims · 1967
  2. Fmc Corporation v. The Manitowoc Company, Inc.Court of Appeals for the Federal Circuit · 1987
  3. Cable Electric Products, Inc. v. Genmark, Inc., A/K/A Diablo Products Corp.Court of Appeals for the Federal Circuit · 1985
  4. Willi Moeller v. Ionetics, Inc.Court of Appeals for the Federal Circuit · 1986
  5. Fonar Corporation and Dr. Raymond Damadian, Appellants/cross-Appellees v. Johnson & Johnson and Technicare Corporation, Appellees/cross-AppellantsCourt of Appeals for the Federal Circuit · 1987

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3Cited by84 opinions

  1. Kingsdown Medical Consultants, Ltd. And E.R. Squibb & Sons, Inc. v. Hollister IncorporatedCourt of Appeals for the Federal Circuit · 1988
  2. Molins Plc, and John Coventry Smith, Jr. v. Textron, Inc., Kearney & Trecker Corporation, and Avco CorporationCourt of Appeals for the Federal Circuit · 1995
  3. Therasense, Inc. v. Becton, Dickinson and Co.Court of Appeals for the Federal Circuit · 2011
  4. Multiform Desiccants, Inc., Plaintiff-Cross v. Medzam, Ltd.Court of Appeals for the Federal Circuit · 1998
  5. Paragon Podiatry Laboratory, Inc. v. Klm Laboratories, Inc.Court of Appeals for the Federal Circuit · 1993

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