Legal Opinion
Loftin v. RCA Mfg. Co.
District Court, D. Delaware
Decided January 15, 1943No. Civ. No. 144Published
1Opinion of the Court
LEAHY, District Judge.
No fact question exists. Defendant moved for summary judgment dismissing all ten claims of the Tubbs patent No. 1,977,536, except Claim 2; and for summary judgment as to Claim 2 as invalid. The summary judgment motion is supported by an affidavit which includes copies of Tubbs and Smith patent No. 2,323,250, whose claims 28-37' are similar to the ten claims of Tubbs in suit. After interference proceedings had commenced, the complaint here was filed on January 16, 1940. The Court of Customs and Patent Appeals held for Smith,1 affirming the decisions of the Examiner and…
2Cases cited8 opinions
- Ensten v. Simon, Ascher & Co.Supreme Court of the United States · 1931
- Edwin L. Wiegand Co. v. Harold E. Trent Co.Court of Appeals for the Third Circuit · 1941
- Loughran v. Quaker City Chocolate & Confectionery Co.Court of Appeals for the Third Circuit · 1924
- Rousso v. BarberCourt of Appeals for the Third Circuit · 1924
- General Chemical Co. v. Standard Wholesale Phosphate & Acid Works, Inc.Court of Appeals for the Fourth Circuit · 1935
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