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Legal Opinion

In Re MULTIDISTRICT LITIGATION INVOLVING FROST PATENT (Ten Cases)

Court of Appeals for the Third Circuit

Decided July 14, 1976No. 75-1936 - 75-1945PublishedCited by 30 opinions

1Opinion of the Court

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This case involves a controversy over a charge of fraud on the Patent Office. The complexity derives not from the law but from the facts. To determine whether there has been fraud on the Patent Office, particularly in a case such as this, where the crux of the alleged fraud consists of an omission of data, a court must attempt to explain the subject matter of the claimed invention. We affirm in part and reverse in part. See page 611 below.

The patent involved in this litigation is No. 3,072,582, the “Frost” patent. General Tire & Rubber Company…

2Cases cited8 opinions

  1. Precision Instrument Manufacturing Co. v. Automotive Maintenance MacHinery Co.Supreme Court of the United States · 1945
  2. Government of the Virgin Islands v. Beaumont Gereau, in Nos. 74-2019, 74-2020, 74-2021, 74-2022,74-2023Court of Appeals for the Third Circuit · 1975
  3. Frederick H. Norton v. Lawrence E. CurtissCourt of Customs and Patent Appeals · 1971
  4. Monsanto Company v. Rohm & Haas CompanyCourt of Appeals for the Third Circuit · 1972
  5. W. L. Gore & Associates, Inc., in No. 75--1162 v. Carlisle Corporation, in No. 75--1163Court of Appeals for the Third Circuit · 1976

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3Cited by30 opinions

  1. American Hoist & Derrick Company, Cross-Appellee v. Sowa & Sons, Inc., Cross-AppellantCourt of Appeals for the Federal Circuit · 1984
  2. Scott Paper Company, a Corporation v. Scott's Liquid Gold, Inc., a CorporationCourt of Appeals for the Third Circuit · 1978
  3. J.P. Stevens & Co., Inc. v. Lex Tex Ltd., Inc.Court of Appeals for the Federal Circuit · 1984
  4. Delong Corporation v. Raymond International, IncCourt of Appeals for the Third Circuit · 1980
  5. J.P. Stevens & Co. v. Lex Tex Ltd.Court of Appeals for the Federal Circuit · 1984

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