Legal Opinion

Helen Russell Pierce, of the Last Will and Testament of George Washington Pierce, Deceased v. Allen B. Du Mont Laboratories, Inc

Court of Appeals for the Third Circuit

Decided December 26, 1961No. 13279_1PublishedCited by 24 opinions

1Opinion of the Court

HASTIE, Circuit Judge.

This appeal has been taken from a judgment of a district court in a patent infringement suit. The trial court held that claims 3, 26, 40, 51, 52, 54-56, and 61-68 of Pierce Patent No. 2,133,642 were invalid for double patenting over the earlier Pierce Patent No. 1,789,496. 1 D.Del.1959, 178 F.Supp. 84. For con venience the numbers of the two patents will be designated throughout this opinion as “ ’642” and “ ’496”.

Patent ’496 was issued in 1931 on an application filed in 1928. It expired some six years before the 1954 filing of the present suit. Patent ’642 was issued in…

2Cases cited48 opinions

  1. Second Employers'liability CasesSupreme Court of the United States · 1912
  2. The Barbed Wire PatentSupreme Court of the United States · 1892
  3. Mercoid Corp. v. Mid-Continent Investment Co.Supreme Court of the United States · 1944
  4. Aro Manufacturing Co. v. Convertible Top Replacement Co.Supreme Court of the United States · 1961
  5. Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894

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3Cited by24 opinions

  1. Eugene A. Wahl and Vibra Screw, Incorporated v. Rexnord, IncCourt of Appeals for the Third Circuit · 1980
  2. Porter v. Household Finance Corp. of ColumbusDistrict Court, S.D. Ohio · 1974
  3. Western Auto Supply Company and Beneficial Finance Co. v. Gamble-Skogmo, Inc.Court of Appeals for the Eighth Circuit · 1965
  4. The Triax Company v. Hartman Metal Fabricators, Inc.Court of Appeals for the Second Circuit · 1973
  5. Application of Homer E. Allen, Deceased, by Helen M. AllenCourt of Customs and Patent Appeals · 1965

19 more not listed; retrieve them via the Exa API.

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