Legal Opinion

John H. Emerson v. National Cylinder Gas Company, National Cylinder Gas Company v. John H. Emerson, National Cylinder Gas Company v. John H. Emerson

Court of Appeals for the First Circuit

Decided January 15, 1958No. 5233-5235PublishedCited by 28 opinions

1Opinion of the Court

HARTIGAN, Circuit Judge.

We have before us three appeals from a decision of the United States District Court for the District of Massachusetts in two patent infringement actions which were consolidated for trial. Plaintiff appeals in No. 5233 from the decision holding Claims 3 and 4 of Patent No. 2.268.172 and Claim 9 of Patent No. 2,468,741 owned by him to be invalid for lack of invention. Two cross appeals were filed by the defendants. No. 5235 concerned the district court’s denial of full costs and its denial of National Cylinder Gas Company’s counterclaim for a declaratory judgment as to…

2Cases cited9 opinions

  1. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  2. Funk Bros. Seed Co. v. Kalo Inoculant Co.Supreme Court of the United States · 1948
  3. Richards v. Chase Elevator Co.Supreme Court of the United States · 1895
  4. Jacquard Knitting MacHine Co., Inc. v. Ordnance Gauge Co., Inc. Jacquard Knitting MacHine Co., Inc. v. Ordnance Gauge Co., Inc.Court of Appeals for the Third Circuit · 1954
  5. Kalo Inoculant Co. v. Funk Bros. Seed Co.Court of Appeals for the Seventh Circuit · 1947

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3Cited by28 opinions

  1. Jervis B. Webb Company v. Southern Systems, Inc.Court of Appeals for the Federal Circuit · 1984
  2. Harry A. Pursche v. Atlas Scraper and Engineering Co., a Corporation, Atlas Scraper and Engineering Co., a Corporation v. Harry A. PurscheCourt of Appeals for the Ninth Circuit · 1962
  3. In Re Two Appeals Arising Out of the San Juan Dupont Plaza Hotel Fire LitigationCourt of Appeals for the First Circuit · 1993
  4. Baez v. United States Department of JusticeCourt of Appeals for the D.C. Circuit · 1982
  5. Lichter Foundation, Inc. v. Russell A. Welch, Collector of Internal RevenueCourt of Appeals for the Sixth Circuit · 1959

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