Legal Opinion

Heat & Control, Inc. v. Hester Industries, Inc.

Court of Appeals for the Federal Circuit

Decided March 4, 1986No. Appeal 85-2553PublishedCited by 192 opinions

1Opinion of the Court

JACK R. MILLER, Senior Circuit Judge.

This is an appeal by Heat & Control, Inc. from a May 22, 1985, order of the United States District Court for the Northern District of West Virginia, 1 quashing a deposition subpoena issued by the same court on February 8, 1985. We vacate the order and remand the case to the district court for further proceedings.

BACKGROUND

Heat & Control’s patents relate to an apparatus (a convection oven termed a “counterflow oven” (“CFO”) by the parties) and method for cooking solid food products in circulating steam. 2

Hester Industries, Inc. (“Hester”) is a small…

2Cases cited29 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. United States v. NixonSupreme Court of the United States · 1974
  3. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  4. Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
  5. Richardson-Merrell Inc. v. Koller Ex Rel. KollerSupreme Court of the United States · 1985

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3Cited by192 opinions

  1. Kingsdown Medical Consultants, Ltd. And E.R. Squibb & Sons, Inc. v. Hollister IncorporatedCourt of Appeals for the Federal Circuit · 1988
  2. Mauzy v. Kelly Services, Inc.Ohio Supreme Court · 1996
  3. Chuisano v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2014
  4. Truswal Systems Corp. v. Hydro-Air Engineering, Inc.Court of Appeals for the Federal Circuit · 1987
  5. Biodex Corporation v. Loredan Biomedical, Inc.Court of Appeals for the Federal Circuit · 1991

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