Legal Opinion

Pullman Inc. v. ACF Industries Inc.

District Court, S.D. New York

Decided April 4, 1967No. 61 Civ. 3644PublishedCited by 3 opinions

1Opinion of the Court

OPINION

HERLANDS, District Judge.

In challenging the validity of a patent, advocates sometimes assert facetiously that the patentee, instead of patenting an invention, invented a patent. The occasional aptness of this cliché is illustrated by the present litigation.

The railroad freight car cushioning apparatus that is the subject of the patent in suit differs materially from its predecessors only in the respect that the cushion specified has a longer stroke or yield. Having found that this sole material difference is a distinction without inventive significance, the Court has concluded — for…

2Cases cited34 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Eibel Process Co. v. Minnesota & Ontario Paper Co.Supreme Court of the United States · 1923
  3. United States v. AdamsSupreme Court of the United States · 1966
  4. Diamond Rubber Co. of New York v. Consolidated Rubber Tire Co.Supreme Court of the United States · 1911
  5. Hotchkiss v. GreenwoodSupreme Court of the United States · 1851

29 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Allstate Insurance Company v. SpinelliSupreme Court of Delaware · 1982
  2. Schulz v. Allstate Insurance, Court of Common Pleas of Ohio, Franklin County, Civil Division1968
  3. Allstate Insurance Company v. SpinelliSupreme Court of Delaware · 1982

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