Legal Opinion

Altoona Publix Theatres, Inc. v. American Tri-Ergon Corp.

Court of Appeals for the Third Circuit

Decided August 6, 1934No. 5392, 5393PublishedCited by 12 opinions

1Opinion of the Court

BUFFINGTON, Circuit Judge.

These are appeals from two decrees of the District Court holding claims 5, 7, 9-, 13, 17, 18, and 19, of United States Patent No. 1,713,726, valid and infringed.

The main contest below and here is on the validity of the claims in suit. If they are valid, infringement, while not admitted, is rather feebly pressed. The patent, including the claims in issue, is presumptively valid, both as to novelty and utility. Lehnbeuter v. Holthaus, 105 U. S. 94, 26 L. Ed. 939; Johnson Automobile Lock Co. v. Noser Instant Auto Lock Co. (C. C. A.) 9 F.(2d) 265, 267; Galvin Electric…

2Cases cited20 opinions

  1. Tilghman v. ProctorSupreme Court of the United States · 1888
  2. Hailes v. Van WormerSupreme Court of the United States · 1874
  3. Davis v. SchwartzSupreme Court of the United States · 1895
  4. Grinnell Washing MacHine Co. v. E. E. Johnson Co.Supreme Court of the United States · 1918
  5. Crawford v. NealSupreme Court of the United States · 1892

15 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Root Refining Co. v. Universal Oil Products Co.Court of Appeals for the Third Circuit · 1948
  2. Pointer v. Six Wheel CorporationCourt of Appeals for the Ninth Circuit · 1949
  3. National Hairdressers' & Cosmetologists' Ass'n v. Philad Co.District Court, D. Delaware · 1941
  4. Bourne v. JonesDistrict Court, S.D. Florida · 1951
  5. Electric Storage Battery Co. v. ShimadzuCourt of Appeals for the Third Circuit · 1941

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API