Bates Industries, Inc. v. Daytona Sports Co. And Daytona Products, Inc., and Paulson Manufacturingcorporation
Court of Appeals for the Ninth Circuit
1Per curiam
This is an appeal from the granting of a summary judgment in a patent infringement action which held invalid a utility patent and a related design patent, both of which covered a motorcycle-type protective helmet with a pivotally attached flip-up face shield. The district court found that the patented invention was not really inventive over the prior art, but merely a combination of old elements which did not accomplish a new result. According to both parties herein, the district court found, in effect, that the helmet in question was “obvious” in light of the prior art (35 U.S.C. § 103). 1…
2Cases cited7 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Brooks Walker v. General Motors Corporation and Les Vogel Chevrolet CompanyCourt of Appeals for the Ninth Circuit · 1966
- Charles D. Ashcroft and Milton A. Engle v. Paper Mate Mfg. CompanyCourt of Appeals for the Ninth Circuit · 1970
- Jack Barofsky v. General Electric CorporationCourt of Appeals for the Ninth Circuit · 1968
- Alladin Plastics, Inc., a California Corporation v. Jerrold Stephan Co., a Minnesota CorporationCourt of Appeals for the Ninth Circuit · 1966
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3Cited by2 opinions
- Rex Chainbelt Inc., (Cross-Appellee) v. Harco Products, Inc., Dba Dfc Company, (Cross-Appellant)Court of Appeals for the Ninth Circuit · 1975
- Convergence Corp. v. VideomediaDistrict Court, N.D. California · 1982