Legal Opinion

Omark Industries, Inc. v. The Carlton Company and Raymond Carlton

Court of Appeals for the Ninth Circuit

Decided December 5, 1980No. 78-3265PublishedCited by 9 opinions

1Opinion of the Court

ALARCON, Circuit Judge:

Appellant Omark Industries (hereinafter “Omark”) 1 appeals from a judgment invalidating its patent for a brush cutting chain invented by appellee Raymond Carlton. The district court found that the brush-cutting chain had been in public use more than one year before May of 1959 when the patent was applied for and held the patent invalid under 35 U.S.C. § 102. 2 For the reasons stated below, we concur with the findings of the district court, 458 F.Supp. 449, and affirm its judgment. 3

FACTS

Omark designs, manufactures, and markets saw chains for use on motorized chain saws.…

2Cases cited15 opinions

  1. Smith & Griggs Manufacturing Co. v. SpragueSupreme Court of the United States · 1887
  2. In Re Yarn Processing Patent Validity Litigation. Sauquoit Fibers Company v. Leesona Corporation, Kayser-Roth Corporation (In Its Own Name and D/B/A Kayser-Roth Hosiery Companyand Kayser-Roth Hosiery Co., Inc.) v. Leesona Corporation, Leesona Corporation v. The Duplan CorporationCourt of Appeals for the Fifth Circuit · 1974
  3. Anthony J. Cali v. Eastern Airlines, Inc.Court of Appeals for the Second Circuit · 1971
  4. Marriage of SettleOregon Supreme Court · 1976
  5. The Robbins Company v. Lawrence Manufacturing CompanyCourt of Appeals for the Ninth Circuit · 1973

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3Cited by9 opinions

  1. In Re James A. Smith and James H. McLaughlin and Sterling Drug, Inc., IntervenorCourt of Appeals for the Federal Circuit · 1983
  2. Bruce A. Kock v. The Quaker Oats CompanyCourt of Appeals for the Ninth Circuit · 1982
  3. In Re Dippin' Dots Patent LitigationDistrict Court, N.D. Georgia · 2003
  4. Stash, Inc. v. Palmgard International, IncDistrict Court, D. Maryland · 1996
  5. Pennwalt Corp. v. Akzona Inc.District Court, D. Delaware · 1983

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