Legal Opinion

Dataq, Inc., Plaintiff-Appellant/cross v. Tokheim Corporation, Defendant-Appellee/cross

Court of Appeals for the Tenth Circuit

Decided May 30, 1984No. 82-1167, 82-1855PublishedCited by 6 opinions

1Opinion of the Court

McKAY, Circuit Judge.

Plaintiff brought this action alleging breach of contract and patent infringement. After plaintiff presented its evidence to the jury, the trial court directed verdicts in favor of the defendant on both counts. Defendant sought leave to file a motion for costs and attorney’s fees. The motion was denied. Plaintiff appeals from a final judgment entered on the directed verdicts and defendant cross-appeals on the attorney’s fees issue.

In 1969, plaintiff, Dataq, began developing an electronic gasoline dispensing system for use in service stations. In the summer of 1969,…

2Cases cited15 opinions

  1. White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
  2. McCullough Tool Co. v. Well Surveys, Inc.Court of Appeals for the Tenth Circuit · 1965
  3. Timely Products Corporation, Raphael J. Costanzo v. Stanley ArronCourt of Appeals for the Second Circuit · 1975
  4. In Re Yarn Processing Patent Validity Litigation. Sauquoit Fibers Company v. Leesona Corporation, Kayser-Roth Corporation (In Its Own Name and D/B/A Kayser-Roth Hosiery Companyand Kayser-Roth Hosiery Co., Inc.) v. Leesona Corporation, Leesona Corporation v. The Duplan CorporationCourt of Appeals for the Fifth Circuit · 1974
  5. Seitz v. JonesSupreme Court of Oklahoma · 1961

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3Cited by6 opinions

  1. Umc Electronics Company v. The United States, Cross-AppellantCourt of Appeals for the Federal Circuit · 1987
  2. Dianne M. Saye v. St. Vrain Valley School District Re-1j and Vicki PloussardCourt of Appeals for the Tenth Circuit · 1986
  3. Joseph G. Budinich v. Becton Dickinson and Company, a Foreign CorporationCourt of Appeals for the Tenth Circuit · 1986
  4. Johnson v. MorthamDistrict Court, N.D. Florida · 1997
  5. Umc Electronics Company v. The United States, Cross-AppellantCourt of Appeals for the Federal Circuit · 1987

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