Legal Opinion

Christopher J. Foster, Inc. v. Newport News Shipbuilding & Dry Dock Co.

Court of Appeals for the Fourth Circuit

Decided October 22, 1975No. Nos. 75-1076, 75-1077PublishedCited by 5 opinions

1Opinion of the Court

BUTZNER, Circuit Judge:

This appeal involves the validity of claims 1, 4, 5, 7, and 11 of United States Patent 3,124,935 for graving docks, issued to Christopher J. Foster on March 17, 1964, and the charge that Newport News Shipbuilding and Dry Dock Co. and Whitman, Requardt & Associates, engineers engaged by Newport News to construct a dry dock, infringed the patent. We affirm the district court’s judgment that the patent was anticipated by prior art and that even if it were valid, the doctrine of file wrapper estoppel defeats the claim of infringement.

The contested patent refers to an…

2Cases cited7 opinions

  1. Exhibit Supply Co. v. Ace Patents Corp.Supreme Court of the United States · 1942
  2. General Electric Co. v. Jewel Incandescent Lamp Co.Supreme Court of the United States · 1945
  3. Ansonia Brass & Copper Co. v. Electrical Supply Co.Supreme Court of the United States · 1892
  4. Heyl & Patterson, Incorporated, and Cross-Appellee v. McDowell Company, Incorporated, and Norfolk and Western Railway Company, and Cross-AppellantsCourt of Appeals for the Fourth Circuit · 1963
  5. Berry Brothers Corporation, and Cross-Appellee v. Paul L. Sigmon, Trading as Sigmon Hosiery Manufacturing Company, and Cross-AppellantCourt of Appeals for the Fourth Circuit · 1963

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3Cited by5 opinions

  1. Coleco Industries, Inc. v. United States International Trade CommissionCourt of Customs and Patent Appeals · 1978
  2. Coleco Industries, Inc. v. International Trade CommissionCourt of Customs and Patent Appeals · 1978
  3. Custer v. United StatesUnited States Court of Claims · 1980
  4. Clopay Corp. v. Blessings Corp.District Court, D. Delaware · 1976
  5. Christopher J. Foster, Inc. v. Newport News Shipbuilding and Dry Dock Company, and Whitman, Requardt& Associates, Christopher J. Foster, Inc. v. Newport News Shipbuilding and Dry Dock Company, and Whitman, Requardt& AssociatesCourt of Appeals for the Fourth Circuit · 1975

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