Legal Opinion

Inglett & Company, Inc. v. Everglades Fertilizer Company, Inc.

Court of Appeals for the Fifth Circuit

Decided May 7, 1958No. 16555PublishedCited by 73 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

The sole question here is whether the District Court could properly enter summary judgment for the defendant and against the Patentee presumably on the ground that there was no genuine dispute on the facts showing anticipation by the prior art. We emphasize this at the outset because, while here and there, the opinion may take the turn of one disposing of an appeal on the merits of a patent infringement suit, our inquiry and our analysis is directed to the much narrower question whether this was a case for summary judgment.

I

The Inglett patent 1 **is for an…

2Cases cited33 opinions

  1. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  2. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1949
  3. Whitaker v. ColemanCourt of Appeals for the Fifth Circuit · 1940
  4. Galena Oaks Corporation v. Frank Scofield, Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954
  5. Hoeltke v. C. M. Kemp Mfg. Co.Court of Appeals for the Fourth Circuit · 1936

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3Cited by73 opinions

  1. Page v. SloanSupreme Court of North Carolina · 1972
  2. Jarvis v. CommissionerUnited States Tax Court · 1982
  3. EF Hutton & Company v. BrownDistrict Court, S.D. Texas · 1969
  4. Brooks Walker v. General Motors Corporation and Les Vogel Chevrolet CompanyCourt of Appeals for the Ninth Circuit · 1966
  5. National Ass'n of Government Employees v. CampbellCourt of Appeals for the D.C. Circuit · 1978

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