Legal Opinion
Pevely Dairy Co. v. Borden Printing Co.
Court of Appeals for the Ninth Circuit
Decided October 20, 1941No. 9744PublishedCited by 7 opinions
1Opinion of the Court
MATHEWS, Circuit Judge.
This was an action by appellant, Pevely Dairy Company, against appellee, Borden Printing Company, for infringement of claims 4, 7, 8 and 11 of patent No. 1,829,-915, the one claim of patent No. 1,923,856 and claim 3 of patent No. 1,999,011. Defenses were that the claims were invalid, and that, if valid, they were not infringed. The District Court held the claims invalid and dismissed the action on that ground. From the judgment of dismissal this appeal is prosecuted.
Patent No. 1,829,915.
Patent No. 1,829,915 was applied for by Joseph J. Wasser on December 18, 1930, and…
2Cases cited20 opinions
- Eibel Process Co. v. Minnesota & Ontario Paper Co.Supreme Court of the United States · 1923
- McClain v. OrtmayerSupreme Court of the United States · 1891
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Potts v. CreagerSupreme Court of the United States · 1895
- Smith v. Goodyear Dental Vulcanite Co.Supreme Court of the United States · 1877
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3Cited by7 opinions
- Hall v. WrightCourt of Appeals for the Ninth Circuit · 1957
- Exer-Genie, Inc., and E. E. Holkesvick v. Alexander G. McDonald and Buddy Systems, Inc.Court of Appeals for the Ninth Circuit · 1972
- Alcor Aviation, Inc. v. Radair Incorporated, a Corporation, Successor to Radair, Inc., and Uniwest, Inc.Court of Appeals for the Ninth Circuit · 1976
- Fernandez v. PhillipsCourt of Appeals for the Ninth Circuit · 1943
- Jesse E. Hall, Weatherford Oil Tool Company, Inc., a Corporation Weatherford Spring Company of Venezuela, C.A., a Corporation Hall Development Company, C.A., a Corporation Weatherford, Ltd., a Corporation Weatherford Internacional, S.A., De Cv., a Corporation Nevada Leasehold Corporation, a Corporation Parker Industrial Products, Inc., a Corporation v. Kenneth A. Wright and B & W, Inc., a Corporation, Kenneth A. Wright and B & W, Inc., a Corporation v. Jesse E. Hall, Weatherford Oil Tool Company, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1957
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