Thomas E. Pickering v. Orval Holman, Thomas E. Pickering v. Orval Holman
Court of Appeals for the Ninth Circuit
1Opinion of the Court
JAMES M. CARTER, Circuit Judge:
Plaintiff Pickering appeals from the district court’s holding that his patent was invalid in that it was described in a printed publication more than one year prior to the filing of the application for the patent. He also appeals from the court’s award of taxable costs to defendants. Defendants Holman, Huey and Fenton (hereafter defendants) cross-appeal on the basis of the court’s refusal to award them attorney’s fees. 1 Pickering’s appeal raises two issues: (1) Whether publication pursuant to experimental activity is exempt from the 35 U.S.C. § 102(b) bar…
2Cases cited19 opinions
- Pennock v. DialogueSupreme Court of the United States · 1829
- United States v. Dubilier Condenser CorpSupreme Court of the United States · 1933
- Smith & Griggs Manufacturing Co. v. SpragueSupreme Court of the United States · 1887
- Metallizing Engineering Co. v. Kenyon Bearing & Auto Parts Co.Court of Appeals for the Second Circuit · 1946
- Hall v. MacNealeSupreme Court of the United States · 1883
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3Cited by35 opinions
- In Re Yarn Processing Patent Validity Litigation. Sauquoit Fibers Company v. Leesona Corporation, Kayser-Roth Corporation (In Its Own Name and D/B/A Kayser-Roth Hosiery Companyand Kayser-Roth Hosiery Co., Inc.) v. Leesona Corporation, Leesona Corporation v. The Duplan CorporationCourt of Appeals for the Fifth Circuit · 1974
- Popeil Brothers, Inc. v. Schick Electric, Inc.Court of Appeals for the Seventh Circuit · 1975
- True Temper Corporation, and Cross-Appellee v. Cf&i Steel Corporation, and Cross-AppellantCourt of Appeals for the Tenth Circuit · 1979
- In re BayerCourt of Customs and Patent Appeals · 1978
- Jack Winter, Inc. v. Koratron Company, Inc.District Court, N.D. California · 1974
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