Legal Opinion

Oakley B. Palmer, an Individual Doing Business as Palmco Engineering Company v. Orthokinetics, Incorporated, a Wisconsin Corporation

Court of Appeals for the Ninth Circuit

Decided January 4, 1980No. 77-3710PublishedCited by 20 opinions

1Opinion of the Court

JAMESON, District Judge:

Plaintiff-appellee, Oakley B. Palmer, doing business as Palmeo Engineering Company (Palmer), brought this action under the Declaratory Judgment Act, 28 U.S.C. §§ 2201, 2202, seeking a determination that U.S. Patent 3,891,229 entitled “Travel Chair”, issued to defendant-appellant, Orthokinetics, Incorporated, is invalid and not infringed. Orthokinetics counterclaimed for infringement of the patent, seeking damages and attorney fees pursuant to 35 U.S.C. §§ 284, 285. The district court held that all claims under the patent were invalid and dismissed the counterclaim.…

2Cases cited18 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  3. Autogiro Company of America v. The United StatesUnited States Court of Claims · 1967
  4. Anderson's-Black Rock, Inc. v. Pavement Salvage Co.Supreme Court of the United States · 1969
  5. Sakraida v. Ag Pro, Inc.Supreme Court of the United States · 1976

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

3Cited by20 opinions

  1. Orthokinetics, Inc. v. Safety Travel Chairs, Inc.Court of Appeals for the Federal Circuit · 1986
  2. Rengo Co. Ltd. And Simon Container MacHinery Limited, in No. 80-2556 v. Molins MacHine Company, Inc., in No. 80-2557Court of Appeals for the Third Circuit · 1981
  3. Orthokinetics, Inc. v. Safety Travel Chairs, Inc.Court of Appeals for the Federal Circuit · 1986
  4. Sarkisian v. Winn-Proof Corp.Court of Appeals for the Ninth Circuit · 1982
  5. Velo-Bind, Inc. v. Minnesota Mining & Manufacturing Co.Court of Appeals for the Ninth Circuit · 1981

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

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