Legal Opinion
Southern Implement Mfg. Co., Inc. And George Partin v. Price C. McLemore
Court of Appeals for the Fifth Circuit
Decided August 16, 1965No. 21458PublishedCited by 19 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
Appealing from a decree sustaining the validity and infringement of patents 328 1 and 353, 2 the Infringers 3 make two principal attacks. The first charges double patenting, the second prior public use or sale. We reject both and affirm.
The art involved is that of cultivation of growing plants, notably cotton, and other row crops by means of an intense flame. Willingly running the risk that our words will lack the precision of a patent claim and an effort to simplify into understandable terms will likely produce inaccuracies, we would describe this matter in these…
2Cases cited14 opinions
- Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
- Coffin v. OgdenSupreme Court of the United States · 1874
- Dean A. Lyon v. Bausch & Lomb Optical Co.Court of Appeals for the Second Circuit · 1955
- Inglett & Company, Inc. v. Everglades Fertilizer Company, Inc.Court of Appeals for the Fifth Circuit · 1958
- Bischoff v. WetheredSupreme Court of the United States · 1870
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- James C. Hobbs v. United States of America, Atomic Energy CommissionCourt of Appeals for the Fifth Circuit · 1971
- Harrington Manufacturing Co., Inc., Plaintiff-Appellant-Cross v. Idas B. White, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1973
- Kiva Corporation v. Baker Oil Tools, Inc.Court of Appeals for the Fifth Circuit · 1969
- Metal Arts Company v. Fuller CompanyCourt of Appeals for the Fifth Circuit · 1968
- Railex Corporation v. The Speed Check Co., Inc.Court of Appeals for the Fifth Circuit · 1972
14 more not listed; retrieve them via the Exa API.