Legal Opinion
Sidewinder Marine, Inc. v. Starbuck Kustom Boats and Products, Inc.
Court of Appeals for the Tenth Circuit
Decided April 9, 1979No. 76-2006PublishedCited by 17 opinions
1Opinion of the Court
HOLLOWAY, Circuit Judge.
This is a patent infringement action in which the question of infringement has been mooted by a holding in the trial court that the subject patent was invalid and therefore incapable of being infringed. The court’s opinion is reported at 418 F.Supp. 224 (D.Col.). Plaintiff Sidewinder Marine, Inc. (“Sidewinder”), seeks reversal of the holding of invalidity and remand for trial on the issue of infringement.
The center of the controversy is Sidewinder’s U.S. Design Patent No. 219,118, covering the “ornamental design for a boat, as shown” in Appendix A. Although we believe…
2Cases cited42 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Radio Corp. of America v. Radio Engineering Laboratories, Inc.Supreme Court of the United States · 1934
- Sakraida v. Ag Pro, Inc.Supreme Court of the United States · 1976
- Mumm v. Jacob E. Decker & SonsSupreme Court of the United States · 1937
37 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Milgo Electronic Corporation, a Florida Corporation v. United Business Communications, Inc., a Kansas Corporation, DefendantCourt of Appeals for the Tenth Circuit · 1980
- True Temper Corporation, and Cross-Appellee v. Cf&i Steel Corporation, and Cross-AppellantCourt of Appeals for the Tenth Circuit · 1979
- In re NalbandianCourt of Customs and Patent Appeals · 1981
- Lam, Inc. v. Johns-Manville Corporation and Johns-Manville Sales CorporationCourt of Appeals for the Tenth Circuit · 1982
- In re RosenCourt of Customs and Patent Appeals · 1982
12 more not listed; retrieve them via the Exa API.