Legal Opinion

Deere & Company v. Hesston Corporation, Hesston of Texas, Inc.

Court of Appeals for the Fifth Circuit

Decided April 13, 1971No. 29768_1PublishedCited by 6 opinions

1Opinion of the Court

BELL, Circuit Judge:

This appeal arises out of litigation over a patent. Deere & Company brought an action against defendants charging infringement of Claims 15, 16, 18 and 19 of its patent (U.S. Letters Patent No. 3,397,522 entitled “Cotton Harvester”). By way of a counterclaim, defendants sought a declaratory judgment that the claims in suit were invalid. Infringement was subsequently admitted by defendants, thus leaving only the validity issue for trial. The district court concluded that the claims were invalid, 316 F.Supp. 866, and we affirm.

The device of the patent is the air elevator…

2Cases cited5 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Anderson's-Black Rock, Inc. v. Pavement Salvage Co.Supreme Court of the United States · 1969
  3. John M. Sisko v. Southern Resin & Fiberglass CorporationCourt of Appeals for the Fifth Circuit · 1967
  4. Up-Right, Inc. v. Safway Products, Inc. And R. D. Werner Co., Inc.Court of Appeals for the Fifth Circuit · 1966
  5. Deere & Co. v. Hesston Corp.District Court, N.D. Texas · 1970

3Cited by6 opinions

  1. James C. Hobbs v. United States of America, Atomic Energy CommissionCourt of Appeals for the Fifth Circuit · 1971
  2. Louis W. Parker, Plaintiff-Appellee-Cross v. Motorola, Inc., Defendant-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1975
  3. The Laitram Corporation v. Deepsouth Packing Co., Inc.Court of Appeals for the Fifth Circuit · 1971
  4. Ramirez v. PerezCourt of Appeals for the Fifth Circuit · 1972
  5. Deere & Company v. Hesston Corporation, Hesston of Texas, Inc.Court of Appeals for the Fifth Circuit · 1971

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