Legal Opinion · Concurrence

Ksm Fastening Systems, Inc. v. H.A. Jones Company, Inc. And Erico Jones Company

Court of Appeals for the Federal Circuit

Decided October 29, 1985No. Appeal 84-1568Published

1ConcurrencePauline Newman, Circuit Judge

I agree that this case should be remanded for further findings on the question of equivalency, but I do not endorse the *1533sweeping rules of law and procedure espoused by the majority.

I

The question before the court is the law to be applied in the contempt action brought by KSM against Jones, an adjudged infringer that had modified its infringing insulation device in an attempt to avoid an existing injunction against infringement. On the facts of this case, it is a narrow question.

The broad question of law and procedure in patent contempt actions has occasioned great diversity among the circuits.…

2Cases cited23 opinions

  1. Owens v. Aetna Life & Casualty Co.Supreme Court of the United States · 1981
  2. Smith International, Inc., a California Corporation v. Hughes Tool Company, a Delaware CorporationCourt of Appeals for the Federal Circuit · 1983
  3. California Artificial Stone Paving Co. v. MolitorSupreme Court of the United States · 1885
  4. Panther Pumps & Equipment Company, Inc., Now Morrison Pump Co., Inc. v. Hydrocraft, Inc., Paul W. Schlosser and Edward DrathCourt of Appeals for the Seventh Circuit · 1977
  5. Interdynamics, Inc., and Smiths Industries, Limited v. Firma Wolf, Arend Wolf, and Trans Tech, IncCourt of Appeals for the Third Circuit · 1981

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