Legal Opinion
Woodland Trust v. Flowertree Nursery, Inc. And Ivy J. Winslett
Court of Appeals for the Federal Circuit
Decided September 1, 1998No. 97-1547PublishedCited by 133 opinions
1Opinion of the Court
PAULINE NEWMAN, Circuit Judge.
Woodland Trust appeals the judgment 1 of the United States District Court for the Middle District of Florida, holding United States Patent 4,763,440 (the ’440 patent) invalid based on prior knowledge and use by others. Because uncorroborated oral testimony, particularly that of interested persons recalling long-past events, does not, of itself, provide the clear and convincing evidence required to invalidate a patent on this ground, the judgment is reversed.
BACKGROUND
The ’440 patent, inventor Gregory James, is assigned to Woodland Trust. The invention is a method…
2Cases cited16 opinions
- The Barbed Wire PatentSupreme Court of the United States · 1892
- Eibel Process Co. v. Minnesota & Ontario Paper Co.Supreme Court of the United States · 1923
- Loom Co. v. HigginsSupreme Court of the United States · 1882
- W.L. Gore & Associates, Inc., Appellant/cross-Appellee v. Garlock, Inc., Appellee/cross-AppellantCourt of Appeals for the Federal Circuit · 1983
- Gayler v. WilderSupreme Court of the United States · 1851
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3Cited by133 opinions
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- Sandt Technology, Ltd. v. Resco Metal and Plastics Corporation (Also Known as Resco Metal Products Corp.) and Seven Ocean Enterprises, Inc.Court of Appeals for the Federal Circuit · 2001
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