Legal Opinion
Hycon Manufacturing Company v. H. Koch & Sons, a Partnership Consisting of M. P. Koch, W. L. Koch, H. M. Koch and R. Koch Abel
Court of Appeals for the Ninth Circuit
Decided January 31, 1955No. 14046_1PublishedCited by 64 opinions
1Opinion of the Court
JAMES ALGER FEE, Circuit Judge.
This was an action for infringement of letters patent. The answer denied infringement and raised the questions of lack of invention, novelty, utility and anticipation by devices in the prior art. A declaratory judgment of invalidity of the patent was prayed also by defendants.
Both sides moved for summary judgment. The court granted motion for plaintiff, made findings of fact, conclusions of law and entered judgment. The questions of infringement and damages were not adjudicated.
The trial court exceeded the permissible limits of determination of disputed…
2Cases cited16 opinions
- Mercoid Corp. v. Mid-Continent Investment Co.Supreme Court of the United States · 1944
- Cuno Engineering Corp. v. Automatic Devices Corp.Supreme Court of the United States · 1942
- Smith v. SnowSupreme Court of the United States · 1935
- Doehler Metal Furniture Co. v. United StatesCourt of Appeals for the Second Circuit · 1945
- Triplett v. LowellSupreme Court of the United States · 1936
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3Cited by64 opinions
- Aetna Casualty & Surety Co. v. Federal Insurance Co. of New YorkWest Virginia Supreme Court · 1963
- Empire Electronics Co., Inc. v. United StatesCourt of Appeals for the Second Circuit · 1962
- Lundgren v. FreemanCourt of Appeals for the Ninth Circuit · 1962
- United States v. The J. B. Williams Company, Inc., and Parkson Advertising Agency, Inc.Court of Appeals for the Second Circuit · 1974
- The Union Insurance Society of Canton, Ltd. v. William Gluckin & Co., Inc.Court of Appeals for the Second Circuit · 1965
59 more not listed; retrieve them via the Exa API.