Legal Opinion

Bufkin R. Fairchild v. Jack A. Poe, D/B/A Poe Roof Co.

Court of Appeals for the Fifth Circuit

Decided October 27, 1958No. 17063PublishedCited by 28 opinions

1Opinion of the Court

WISDOM, Circuit Judge.

This is a patent infringement suit, The district court found that there was anticipation and public use and sale of the process embodied in the plaintiff’s Fairchild Patent No. 2,768,101. The patent was therefore null and void. The court held that the defendant Poe, doing business as Poe Roof Company, was not guilty of an infringement. We affirm the judgment.

The appeal presents the question: Was there prior anticipation and public use and sale of the process covered by the Fairchild Patent?

The plaintiff’s patent covers a process for creating a knife-like cutting action…

2Cases cited10 opinions

  1. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  2. Cuno Engineering Corp. v. Automatic Devices Corp.Supreme Court of the United States · 1942
  3. Jungersen v. Ostby & Barton Co.Supreme Court of the United States · 1949
  4. Packwood v. Briggs & Stratton Corp.Court of Appeals for the Third Circuit · 1952
  5. Cameron Iron Works, Inc. v. Robert O. Stekoll, D/B/A Speed-O-Valve Co.Court of Appeals for the Fifth Circuit · 1957

5 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Trans-World Manufacturing Corp., Appellee/cross-Appellant v. Al Nyman & Sons, Inc., and Al-Site Corporation, Appellants/cross-AppelleesCourt of Appeals for the Federal Circuit · 1984
  2. James C. Hobbs v. United States of America, Atomic Energy CommissionCourt of Appeals for the Fifth Circuit · 1971
  3. Stamicarbon, N v. V. Escambia Chemical CorporationCourt of Appeals for the Fifth Circuit · 1970
  4. Edward Valves, Inc., and Rockwell Manufacturing Company v. Cameron Iron Works, Inc.Court of Appeals for the Fifth Circuit · 1961
  5. Zero Manufacturing Company, Inc. v. Mississippi Milk Producers AssociationCourt of Appeals for the Fifth Circuit · 1966

23 more not listed; retrieve them via the Exa API.

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