Legal Opinion

Patent Scaffolding Co., Inc. v. Upright, Inc.

Court of Appeals for the Ninth Circuit

Decided January 31, 1952No. 13086PublishedCited by 19 opinions

1Opinion of the Court

POPE, Circuit Judge.

The appellees brought an action against the appellant to recover damages for an alleged patent infringement. Issues as to infringement and validity were raised by the pleadings. The case was tried to a jury which returned a verdict in favor of appellees holding that the patent in question was valid and infringed. Judgment was entered on the verdict, but subsequently appellant moved for judgment notwithstanding the verdict, stating as grounds therefor both that the evidence required a finding that the patent was invalid and that no infringement had been disclosed. The court…

2Cases cited9 opinions

  1. Sinclair & Carroll Co. v. Interchemical Corp.Supreme Court of the United States · 1945
  2. Electrical Fittings Corp. v. ThomasSupreme Court of the United States · 1939
  3. Altvater v. FreemanSupreme Court of the United States · 1943
  4. Cover v. SchwartzCourt of Appeals for the Second Circuit · 1942
  5. Harries v. Air King Products Co., IncCourt of Appeals for the Second Circuit · 1950

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3Cited by19 opinions

  1. 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
  2. Kemart Corp. v. Printing Arts Research Laboratories, Inc.Court of Appeals for the Ninth Circuit · 1953
  3. M. O. S. Corporation v. John I. Haas Co., Inc.Court of Appeals for the Ninth Circuit · 1967
  4. R. H. Baker & Co., a Corporation, and Edward H. Schustack v. Smith-Blair, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1964
  5. Lockwood v. Langendorf United Bakeries, Inc.Court of Appeals for the Ninth Circuit · 1963

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