Legal Opinion
Allegheny Drop Forge Company v. Portec Inc.
Court of Appeals for the Third Circuit
Decided August 13, 1976No. 76-1059PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Allegheny Drop Forge Company brought an action against Portee, Inc. 1 to declare invalid United States Patent Nos. 3,100,080 (Railway Rail Joint) and 3,139,364 (Method of Making Railway Track) held by Portee as licensee from Rene A. Fiechter, the patentee. Both patents involve the joining of railroad rails by use of epoxy resins. Allegheny moved for summary judgment on several grounds, arguing primarily that, given the state of the pre-existing art, the patents were invalid as “obvious” under 35 U.S.C. § 103.
In granting Allegheny’s motion for summary judgment, the district…
3Cases cited9 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Sakraida v. Ag Pro, Inc.Supreme Court of the United States · 1976
- PAAC v. RizzoCourt of Appeals for the Third Circuit · 1974
- Dann v. JohnstonSupreme Court of the United States · 1976
- Detrola Radio & Television Corp. v. Hazeltine Corp.Supreme Court of the United States · 1941
4 more not listed; retrieve them via the Exa API.
4Cited by8 opinions
- Johnson & Johnson v. W. L. Gore & Associates, Inc.District Court, D. Delaware · 1977
- General Battery Corp. v. Gould, Inc.District Court, D. Delaware · 1982
- Northern Engineering and Plastics Corp. v. Roger Eddy D/B/A Marshall Manufacturing Co., and Pacific Cap CorporationCourt of Appeals for the Third Circuit · 1981
- LD Schreiber Cheese Co., Inc. v. Clearfield Cheese Co.District Court, W.D. Pennsylvania · 1982
- Crucible, Inc. v. Stora Kopparbergs Bergslags ABDistrict Court, W.D. Pennsylvania · 1984
3 more not listed; retrieve them via the Exa API.