Legal Opinion

Jaybee Manufacturing Corporation v. Ajax Hardware Manufacturing Corporation

Court of Appeals for the Ninth Circuit

Decided February 6, 1961No. 16858PublishedCited by 24 opinions

1Per curiam

Action by appellee against appellant for alleged infringement of a design patent. Appellant filed a counterclaim under the declaratory judgments statutes (28 U.S.C. §§ 2201, 2202) challenging the validity of the patent and seeking injunctive relief.

Appellant and appellee are California corporations. The design patent in question is an article constructed of metal and shaped for use as a handle or drawer pull. This article has been on the market since October 1957. Application for the patent was originally made by ap-pellee’s assignor and letters patent were duly issued to the appellee for the…

2Cases cited19 opinions

  1. Russell v. FarleySupreme Court of the United States · 1882
  2. Kessler v. EldredSupreme Court of the United States · 1907
  3. Jungersen v. Ostby & Barton Co.Supreme Court of the United States · 1949
  4. Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
  5. Pointer v. Six Wheel CorporationCourt of Appeals for the Ninth Circuit · 1949

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3Cited by24 opinions

  1. Famolare, Inc. v. Edison Bros. Stores, Inc.District Court, E.D. California · 1981
  2. John W. Bentley v. Sunset House Distributing Corp., Etc.Court of Appeals for the Ninth Circuit · 1966
  3. Jack Winter, Inc. v. Koratron Company, Inc.District Court, N.D. California · 1974
  4. T. P. Laboratories, Inc. v. Gerald W. HugeCourt of Appeals for the Seventh Circuit · 1966
  5. Illinois Tool Works, Inc. v. Continental Can CompanyDistrict Court, N.D. Illinois · 1967

19 more not listed; retrieve them via the Exa API.

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