Legal Opinion

Seiberling Rubber Co. v. I. T. S. Co.

Court of Appeals for the Sixth Circuit

Decided April 12, 1943No. 9323PublishedCited by 16 opinions

1Opinion of the Court

SIMONS, Circuit Judge.

Stripped of-immaterial matter, consideration of weight of evidence, innuendo, and unsustained and unsustainable defenses, the determination of the present patent infringement suit involves decision on the single issue of invention. We confine ourselves to the question whether improvement made by the patentee over prior art is such as denotes inventive quality. The District Court held that it did, and entered decree for injunction and accounting. As to infringement it perceived no debatable issue. Neither do we.

The patent involved is No. 1,987,573, granted to C. W. Ingwer…

2Cases cited20 opinions

  1. Keystone Driller Co. v. General Excavator Co.Supreme Court of the United States · 1933
  2. Smith v. NicholsSupreme Court of the United States · 1875
  3. I. T. S. Rubber Co. v. Essex Rubber Co.Supreme Court of the United States · 1926
  4. Dunbar v. MyersSupreme Court of the United States · 1876
  5. Picard v. United Aircraft CorporationCourt of Appeals for the Second Circuit · 1942

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

3Cited by16 opinions

  1. Gustav H. Bobertz, Jr. v. General Motors CorporationCourt of Appeals for the Sixth Circuit · 1955
  2. O'LEARY v. Liggett Drug Co.Court of Appeals for the Sixth Circuit · 1945
  3. In Re StoverCourt of Customs and Patent Appeals · 1944
  4. Gomez v. Granat Bros.Court of Appeals for the Ninth Circuit · 1949
  5. Minnesota Mining and Manufacturing Co. v. Norton Co.District Court, N.D. Ohio · 1968

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API