Legal Opinion
Industrial Instrument Corporation v. The Foxboro Company
Court of Appeals for the Fifth Circuit
Decided September 1, 1964No. 21249Published
1Opinion of the Court
HUTCHESON, Circuit Judge.
This is the second time that claim 6 of appellant’s patent No. 2,762,393 has been before us. 1 On the first appeal we held that the offending device, the Fox-boro Type 37 meter, infringed the claim here in issue. In finding infringement we held that claim 6 “accomplished a meritorious purpose by means not taught in the prior art.” 2 However, we ordered a remand as to this claim for a determination of its validity. We instructed the district court to rule on validity on the basis of the record as it then stood or after a new trial at its discretion. The background and…
2Cases cited8 opinions
- Kenneth Reiner and Frank A. Klaus, Jr., D/B/A Kaynar Company and Kaynar Mfg. Co., Inc. v. I. Leon Co., Inc.Court of Appeals for the Second Circuit · 1960
- Industrial Instrument Corporation v. The Foxboro CompanyCourt of Appeals for the Fifth Circuit · 1962
- Dunn Wire-Cut Lug Brick Co. v. Toronto Fire Clay Co.Court of Appeals for the Sixth Circuit · 1919
- Chemical Delinting Co. v. JacksonCourt of Appeals for the Fifth Circuit · 1951
- Jamco, Incorporated, an Oklahoma Corporation, and A. D. Willkinson v. Theodore F. Carlson, and Carlson Manufacturing Co., a Colorado CorporationCourt of Appeals for the Tenth Circuit · 1959
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