Legal Opinion

Nike, Inc. v. Wal-Mart Stores, Inc. And Hawe Yue, Inc.

Court of Appeals for the Federal Circuit

Decided March 12, 1998No. 97-1173PublishedCited by 81 opinions

1Opinion of the Court

PAULINE NEWMAN, Circuit Judge.

Wal-Mart Stores, Inc., and Hawe Yue, Inc. appeal the judgment of the United States District Court for the Eastern District of Virginia, 1 concerning United States Design Patent No. 348,765'(the D’765 patent), owned by Nike, Inc. The court held the patent valid and infringed, and awarded the infringers’ profits to the patentee in accordance with 35 U.S.C. § 289. The appellants do not appeal the rulings of validity and infringement, but raise issues of patent marking, notice, the measure of compensation, and accounting.

We reverse the district court’s holding that…

2Cases cited38 opinions

  1. Hanover Shoe, Inc. v. United Shoe MacHinery Corp.Supreme Court of the United States · 1968
  2. District of Columbia v. CarterSupreme Court of the United States · 1973
  3. Atlantic Cleaners & Dyers, Inc. v. United StatesSupreme Court of the United States · 1932
  4. Bonito Boats, Inc. v. Thunder Craft Boats, Inc.Supreme Court of the United States · 1989
  5. United States v. WellsSupreme Court of the United States · 1997

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3Cited by81 opinions

  1. Texas Digital Systems, Inc. v. Telegenix, Inc.Court of Appeals for the Federal Circuit · 2002
  2. Allen Engineering Corporation v. Bartell Industries, Inc. And Darragh CompanyCourt of Appeals for the Federal Circuit · 2002
  3. Arctic Cat Inc. v. Bombardier Recreational Products Inc.Court of Appeals for the Federal Circuit · 2017
  4. Emery Worldwide Airlines, Inc. v. United StatesUnited States Court of Federal Claims · 2001
  5. Apple Inc. v. Samsung Electronics Co., Ltd.Court of Appeals for the Federal Circuit · 2015

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