Legal Opinion · Dissent
Bruce A. Kock v. The Quaker Oats Company
Court of Appeals for the Ninth Circuit
Decided July 15, 1982No. 80-4072Published
1DissentPregerson, Circuit Judge
The majority opinion thoughtfully examines the issues involved in determining what constitutes a sale for experimental purposes under 35 U.S.C. § 102(b).1 The opinion, however, overlooks decisive inferences and case law and frustrates an independent inventor’s ability to market his invention, and reap the rewards of his creativity. Therefore, I respectfully dissent.
This case is here on appeal from the district court’s order granting summary judgment for the defendants. Thus, the primary question before us is whether, after construing all evidence in the light most favorable to plaintiff, the…
2Cases cited23 opinions
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Egbert v. LippmannSupreme Court of the United States · 1881
- Timely Products Corporation, Raphael J. Costanzo v. Stanley ArronCourt of Appeals for the Second Circuit · 1975
- 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
- Anthony J. Cali v. Eastern Airlines, Inc.Court of Appeals for the Second Circuit · 1971
18 more not listed; retrieve them via the Exa API.