Legal Opinion
Nachman Spring-Filled Corporation v. Kay Mfg. Co.
Court of Appeals for the Second Circuit
Decided November 18, 1943No. 59PublishedCited by 42 opinions
1Opinion of the Court
FRANK, Circuit Judge.
Defendant, in its brief on appeal, argues that, if the patent is invalid, the agreement is void as in restraint of trade, and that therefore we must inquire into the validity of the patent. This contention was not made in the court below; but we do not reject it on that account, since Muncie Gear Co. v. Outboard Co., 315 U.S. 759, 766, 768, 62 S.Ct. 865, 870, 86 L.Ed. 1171, seems to us to hold that regard for “the public interest sought to be safeguarded by the patent statutes, and so frequently present but so seldom adequately represented in patent litigation” requires…
2Cases cited35 opinions
- United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Morton Salt Co. v. G. S. Suppiger Co.Supreme Court of the United States · 1942
- Sola Electric Co. v. Jefferson Electric Co.Supreme Court of the United States · 1942
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
30 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Ring v. SpinaCourt of Appeals for the Second Circuit · 1945
- Zalkind v. ScheinmanCourt of Appeals for the Second Circuit · 1943
- Leo Walton v. Arabian American Oil CompanyCourt of Appeals for the Second Circuit · 1956
- Phelan v. Middle States Oil CorporationCourt of Appeals for the Second Circuit · 1946
- Pacific Contact Laboratories, Inc. v. Solex Laboratories, Inc.Court of Appeals for the Ninth Circuit · 1954
37 more not listed; retrieve them via the Exa API.