Legal Opinion
Railex Corporation v. Joseph Guss & Sons, Inc., and G. A. Braun, Inc.
Court of Appeals for the D.C. Circuit
Decided July 13, 1967No. 20479PublishedCited by 9 opinions
1Opinion of the Court
BURGER, Circuit Judge:
Appellant appeals the dismissal of its patent infringement action to which Appellees asserted a defense of invalidity based on obviousness and anticipation. 35 U.S.C. §§ 102-03 (1964). The District Court found that claims 5 to 8 of the patented subject matter were anticipated by the real party defendant’s 1 prior art device, and that while claims 1 to 4 of the patented subject matter were infringed by the real party defendant’s accused machine, this infringement was nullified by the fact that an invalid patent cannot be infringed. 256 F.Supp. 994, 999 (D.D.C.1966).
Appella…
2Cases cited2 opinions
- Admiral Corporation v. Zenith Radio CorporationCourt of Appeals for the Tenth Circuit · 1961
- Railex Corp. v. Joseph Guss & Sons, Inc.District Court, District of Columbia · 1966
3Cited by9 opinions
- Walton v. Eaton Corp.Court of Appeals for the Third Circuit · 1977
- Trixler Brokerage Company, a California Corporation v. Ralston Purina Company, a CorporationCourt of Appeals for the Ninth Circuit · 1974
- Tavoulareas v. PiroDistrict Court, District of Columbia · 1981
- Dominique v. Ralph D. Kaiser Co., Inc.District of Columbia Court of Appeals · 1984
- 15 Fair empl.prac.cas. 1735, 14 Empl. Prac. Dec. P 7760 Carol J. Walton, on Behalf of Herself and on Behalf of Others Similarly Situated v. Eaton Corporation. Carol J. Walton v. Eaton CorporationCourt of Appeals for the Third Circuit · 1977
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