Legal Opinion

Gould-National Batteries, Inc. v. Gulton Industries, Inc.

Court of Appeals for the Third Circuit

Decided June 17, 1966No. Nos. 15195, 15196PublishedCited by 15 opinions

1Opinion of the Court

WILLIAM F. SMITH, Circuit Judge.

These appeals are from a judgment entered in an action for the infringement of two patents, No. 2,571,927 and No. 2,-636,058, each of which covers several variants of an electrolytic cell commonly used in sealed storage batteries of the secondary type. The court below held claims 1, 3 and 4 of ’927, and claims 2, 5, 6 and 9 of ’058, invalid. 231 F.Supp. 609. This holding will be affirmed. The only remaining question is whether the court erred in its determination that claim 2 of ’927 was valid and infringed. We find it necessary to consider only the issue of…

2Cases cited8 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  3. Cuno Engineering Corp. v. Automatic Devices Corp.Supreme Court of the United States · 1942
  4. Lincoln Engineering Co. v. Stewart-Warner Corp.Supreme Court of the United States · 1938
  5. General Electric Co. v. Jewel Incandescent Lamp Co.Supreme Court of the United States · 1945

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3Cited by15 opinions

  1. Research Corporation v. Nasco Industries, Inc.Court of Appeals for the Seventh Circuit · 1974
  2. Johnson & Johnson v. W. L. Gore & Associates, Inc.District Court, D. Delaware · 1977
  3. Congoleum Industries, Inc. v. Armstrong Cork CompanyDistrict Court, E.D. Pennsylvania · 1972
  4. Sperti Products, Inc. v. The Coca Cola Company, Sperti Products, Inc. And the Institutum Divi Thomae FoundationCourt of Appeals for the Third Circuit · 1968
  5. Trimble Products Inc. v. W. T. Grant Co.District Court, S.D. New York · 1968

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