Legal Opinion

Payne Metal Enterprises, Ltd. v. McPhee

Court of Appeals for the Ninth Circuit

Decided July 27, 1967No. 21170PublishedCited by 13 opinions

1Opinion of the Court

HAMLEY, Circuit Judge:

This suit involves the validity and infringement of U. S. Design Patent No. 176,986 (McPhee No. ’986), issued to James E. McPhee on February 28, 1956, and thereafter assigned to Anchor Products, Inc. (Anchor). The action arose after Anchor gave written notice of infringement to Payne Metal Enterprises, Limited and Payne Manufacturing Company, Limited, jointly referred to herein as Payne Metal. Upon receiving this notice, Payne Metal commenced this action against McPhee and Anchor, seeking a declaratory judgment that McPhee No. ’986 is invalid and not infringed by Payne…

2Cases cited13 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  3. Vacheron & Constantin-Le Coultre Watches, Inc. v. Benrus Watch Company, Inc.Court of Appeals for the Second Circuit · 1958
  4. R. M. Palmer Company v. Luden's, Inc.Court of Appeals for the Third Circuit · 1956
  5. John W. Bentley v. Sunset House Distributing Corp., Etc.Court of Appeals for the Ninth Circuit · 1966

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

3Cited by13 opinions

  1. Hewlett-Packard Company v. Tel-Design, Inc.Court of Appeals for the Ninth Circuit · 1972
  2. Westwood Chemical, Inc. v. Owens-Corning Fiberglas CorporationCourt of Appeals for the Sixth Circuit · 1971
  3. Schwinn Bicycle Company v. Goodyear Tire & Rubber CompanyCourt of Appeals for the Ninth Circuit · 1970
  4. Jack Barofsky v. General Electric CorporationCourt of Appeals for the Ninth Circuit · 1968
  5. Design, Inc. v. Emerson Co.District Court, S.D. Texas · 1970

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

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