Legal Opinion

Pate Co. v. RPS Corp.

District Court, N.D. Illinois

Decided June 28, 1978No. 74 C 3092PublishedCited by 2 opinions

1Opinion of the Court

ORDER

BUA, District Judge.

Before the court are defendants’ motions for summary judgment of patent invalidity on the basis of obviousness, aggregation and overclaiming. Defendants have also moved to dismiss certain non-patent claims for lack of jurisdiction over the subject matter and for summary judgment on a remaining non-patent claim.

The patent in suit, United States Patent No. 3,807,110, covers a multipurpose roof penetration curb which is intended to provide a weatherproof seal at points where pipes of various diameters pass vertically through the flat roofs of industrial buildings. The…

2Cases cited41 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  3. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  4. Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
  5. Lincoln Engineering Co. v. Stewart-Warner Corp.Supreme Court of the United States · 1938

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3Cited by2 opinions

  1. The Pate Company, an Illinois Corporation, Cross-Appellant v. Rps Corporation, a Corporation, and Raymond W. Resech, Individually, Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1982
  2. Rite-Hite Corp. v. Kelley Co.District Court, E.D. Wisconsin · 1983

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