Legal Opinion

Cutter Laboratories, Inc. v. Lyophile-Cryochem Corporation

Court of Appeals for the Ninth Circuit

Decided January 30, 1950No. 12083PublishedCited by 27 opinions

1Opinion of the Court

ORR, Circuit Judge.

Appellees brought this action for damages for the infringement of Reichel Reissue Patent No. Re. 20,969 and Flosdorf et al., Patent No. 2,345,548. By a bill of particulars, the charge of infringement was limited to claims 6, 11, 12 and 13 of the Reichel patent, and claims 4 and 5 of the Flosdorf patent. Judgment for damages and costs was entered upon a jury verdict that each of these claims was valid and had been infringed by appellant and assessing damages at $70,922, or two per cent of the stipulated amount of net sales of appellant’s allegedly infringing products.

Appellan…

2Cases cited35 opinions

  1. American Tobacco Co. v. United StatesSupreme Court of the United States · 1946
  2. Brady v. Southern Railway Co.Supreme Court of the United States · 1944
  3. United States v. GriffithSupreme Court of the United States · 1948
  4. Morton Salt Co. v. G. S. Suppiger Co.Supreme Court of the United States · 1942
  5. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1949

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3Cited by27 opinions

  1. Kobe, Inc. v. Dempsey Pump Co. Dempsey Pump Co. v. Kobe, Inc.Court of Appeals for the Tenth Circuit · 1952
  2. Storey v. CamperSupreme Court of Delaware · 1979
  3. Kemart Corp. v. Printing Arts Research Laboratories, Inc.Court of Appeals for the Ninth Circuit · 1953
  4. Duplan Corp. v. Deering Milliken, Inc.District Court, D. South Carolina · 1977
  5. Thabet Manufacturing Company, D.B.A. American Beauty Ventilated Aluminum Awning Company v. Kool Vent Metal Awning Corporation of AmericaCourt of Appeals for the Sixth Circuit · 1955

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