Legal Opinion
Up-Right, Inc. v. Safway Products, Inc. And R. D. Werner Co., Inc.
Court of Appeals for the Fifth Circuit
Decided July 26, 1966No. 21867PublishedCited by 12 opinions
1Opinion of the Court
GRIFFIN B. BELL, Circuit Judge.
This appeal is from the judgment of the District Court holding Claims 1 and 2 of United States Letters Patent No. 2,438,173 invalid. The case had its genesis in an action for infringement of these patent claims. The District Court held that the claims were not infringed, and we reversed. Up-Right, Inc. v. Safway Products, Inc., 5 Cir., 1963, 315 F.2d 23, cert. den., 375 U.S. 831, 84 S.Ct. 76, 11 L.Ed.2d 62. Our holding was that the accused device performed substantially the same function in substantially the same way to obtain substantially the same result as…
2Cases cited5 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Zemel v. RuskSupreme Court of the United States · 1965
- Hotchkiss v. GreenwoodSupreme Court of the United States · 1851
- Up-Right, Inc. v. Safway Products, Inc. And R. D. Werner Co., Inc.Court of Appeals for the Fifth Circuit · 1963
- Beatty Safway Scaffold Co. v. Up-Right, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1962
3Cited by12 opinions
- Hensley Equipment Company, Inc. v. Esco CorporationCourt of Appeals for the Fifth Circuit · 1967
- Swofford v. B & W, Inc.Court of Appeals for the Fifth Circuit · 1968
- Johns-Manville Corporation v. Cement Asbestos Products CompanyCourt of Appeals for the Fifth Circuit · 1970
- Waldon, Inc., Plaintiff-Appellant-Cross v. Alexander Manufacturing Company and Amco International, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1970
- Metal Arts Company v. Fuller CompanyCourt of Appeals for the Fifth Circuit · 1968
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