Legal Opinion

Lempco Products, Inc. v. Simmons

Court of Appeals for the Sixth Circuit

Decided January 24, 1944No. 9443PublishedCited by 7 opinions

1Opinion of the Court

SIMONS, Circuit Judge.

The present patent infringement suit involves claims 1, 11, 12, 14, and 15 of Miller Patent No. 1,949,971, issued March 6, 1934, upon an application filed March 17, 1930. The defenses were invalidity and lack of invention. The court dismissed the appellants’ bill, conceiving the claims in suit to be invalid. There was also a finding of infringement based upon an assumption that infringement was conceded. This concession was, however, limited to claim 1. The issue need not concern us because of our agreement with the court below upon the question of validity.

The patent…

2Cases cited14 opinions

  1. Mercoid Corp. v. Mid-Continent Investment Co.Supreme Court of the United States · 1944
  2. Morton Salt Co. v. G. S. Suppiger Co.Supreme Court of the United States · 1942
  3. Carbice Corp. of America v. American Patents Development Corp.Supreme Court of the United States · 1931
  4. Toledo Pressed Steel Co. v. Standard Parts, Inc.Supreme Court of the United States · 1939
  5. Hazeltine Corporation v. General Motors CorporationCourt of Appeals for the Third Circuit · 1942

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3Cited by7 opinions

  1. John Phil Felburn v. The New York Central Railroad Company, and Fruehauf Trailer Company,defendants-AppelleesCourt of Appeals for the Sixth Circuit · 1965
  2. The Buffalo-Springfield Roller Company v. The Galion Iron Works Manufacturing CompanyCourt of Appeals for the Sixth Circuit · 1954
  3. Sperry Products, Inc. v. Aluminum Company of AmericaDistrict Court, N.D. Ohio · 1959
  4. W. E. Plechaty Co. v. Heckett Engineering, Inc.District Court, N.D. Ohio · 1956
  5. Gagnier Fibre Products Co. v. Fourslides, Inc.District Court, E.D. Michigan · 1953

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

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