Garry W. Todd v. Sears, Roebuck and Company
Court of Appeals for the Fourth Circuit
1Opinion of the Court
DOBIE, Circuit Judge.
This is a civil action filed in the United States District Court for the Western District of North Carolina by Garry W. Todd against Sears, Roebuck and Company (hereinafter called Sears), for the alleged infringement of a patent. The District Court decided in favor of the defendant on four grounds: (1) the invalidity of the patent for lack of invention; (2) no infringement of the patent by the accused device by Sears; (3) the claims were too indefinite and vague; and (4) there was no proper oath by the patentee. The District Court did not pass on a fifth defense by Sears…
2Cases cited19 opinions
- Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
- Lincoln Engineering Co. v. Stewart-Warner Corp.Supreme Court of the United States · 1938
- General Electric Co. v. Wabash Appliance Corp.Supreme Court of the United States · 1938
- Deering v. Winona Harvester WorksSupreme Court of the United States · 1894
- United Carbon Co. v. Binney & Smith Co.Supreme Court of the United States · 1942
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3Cited by13 opinions
- Heyl & Patterson, Incorporated, and Cross-Appellee v. McDowell Company, Incorporated, and Norfolk and Western Railway Company, and Cross-AppellantsCourt of Appeals for the Fourth Circuit · 1963
- Gunter & Cooke, Inc. v. Southern Electric Service Co.District Court, M.D. North Carolina · 1966
- B. F. Goodrich Co. v. United States Rubber Co.District Court, D. Maryland · 1956
- Hanks v. RossDistrict Court, D. Maryland · 1961
- Southwest Industrial Products, Inc. v. Ezee Stone Cutter Manufacturing Co.District Court, W.D. Arkansas · 1957
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