Legal Opinion

Carlos A. Mollura v. Curtis G. Miller, Craig S. Miller and American National Watermattress Corp., a California Corporation

Court of Appeals for the Ninth Circuit

Decided December 6, 1979No. 78-1118PublishedCited by 6 opinions

1Opinion of the Court

PALMIERI, District Judge:

Appellant Mollura brought suit for infringement of his patented plastic bag 1 that he has marketed as a waterbed. At the conclusion of Mollura’s case, the district court considered the evidence, including expert testimony, and dismissed the action, concluding that the patent was invalid for obviousness. We agree with this conclusion and affirm the district court.

Appellant’s product is formed from three pieces of sheet material, one large and two small rectangular pieces. The large piece is rolled into a tube and at the point where the two ends of the large sheet come…

2Cases cited5 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Raymond C. Price and Control Sciences, Inc. v. Lake Sales Supply R.M., Inc.Court of Appeals for the Tenth Circuit · 1974
  3. Sidewinder Marine, Inc. v. Starbuck Kustom Boats and Products, Inc.Court of Appeals for the Tenth Circuit · 1979
  4. SSP Agricultural Equipment, Inc. v. Orchard-Rite Ltd.Court of Appeals for the Ninth Circuit · 1979
  5. Satco, Inc. v. Transequip, Inc.Court of Appeals for the Ninth Circuit · 1979

3Cited by6 opinions

  1. Carpet Seaming Tape Licensing Corp. v. Best Seam Inc.Court of Appeals for the Ninth Circuit · 1982
  2. Carlos A. Mollura v. Curtis G. Miller, Craig S. Miller, and American National Watermattress Corp., a California CorporationCourt of Appeals for the Ninth Circuit · 1980
  3. Peter A. Hammerquist v. Clarke's Sheet Metal, Inc.Court of Appeals for the Ninth Circuit · 1981
  4. Colortronic Reinhard & Co., K.G. v. Plastic Controls, Inc., Colortronic Reinhard & Co., K.G. v. Plastic Controls, Inc.Court of Appeals for the First Circuit · 1981
  5. Carpet Seaming Tape Licensing Corporation, Cross-Appellee v. Best Seam Incorporated, Cross-Appellant. Carpet Seaming Tape Licensing Corporation, Cross-Appellee v. Vectron Industries, Inc. And Eugene J. Tasse, Cross-AppellantsCourt of Appeals for the Ninth Circuit · 1982

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