Legal Opinion

Park-In Theatres, Inc. v. Rogers

Court of Appeals for the Ninth Circuit

Decided September 14, 1942No. 9893PublishedCited by 6 opinions

1Opinion of the Court

WILBUR, Circuit Judge.

Appellant sued appellees for alleged infringement of a patent for a drive-in theatre. After answering, appellees moved for summary judgment under rule 56, Rules of Civil Procedure, 28 U.S.C.A. following section 723c, on the grounds that appellant’s patent was void on its face for want of patentable subject matter, want of patentable combination, want of invention, and undue multiplicity of claims. The motion was heard on the pleadings and on affidavits filed by appellant. The court made findings of fact and found that the patent, as to claims in suit, was for an…

2Cases cited8 opinions

  1. Mumm v. Jacob E. Decker & SonsSupreme Court of the United States · 1937
  2. Fond Du Lac County v. MaySupreme Court of the United States · 1890
  3. Riter-Conley Mfg. Co. v. AikenCourt of Appeals for the Third Circuit · 1913
  4. Jacobs v. BakerSupreme Court of the United States · 1869
  5. Frank v. Western Electric Co.Court of Appeals for the Second Circuit · 1928

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3Cited by6 opinions

  1. Park-In-Theatres, Inc. v. PerkinsCourt of Appeals for the Ninth Circuit · 1951
  2. Loew's Drive-In Theatres, Inc. v. Park-In Theatres, Inc.Court of Appeals for the First Circuit · 1949
  3. Ryan Distributing Corporation v. CaleyCourt of Appeals for the Third Circuit · 1945
  4. Park-In Theatres, Inc. v. WatersCourt of Appeals for the Fifth Circuit · 1950
  5. Park-In Theatres, Inc. v. Loew's Drive-In Theatres, Inc.District Court, D. Rhode Island · 1947

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