Legal Opinion

Santa Fe-Pomeroy, Inc. v. P & Z Company, Inc.

Court of Appeals for the Ninth Circuit

Decided February 21, 1978No. Nos. 75-2647, 75-2741PublishedCited by 3 opinions

1Opinion of the Court

JAMESON, District Judge:

Santa Fe-Pomeroy, Inc., assignee and owner of United States Patent No. 3,412,-562, the Doughty Patent, instituted this action against the defendants for patent infringement. The defendants counterclaimed, alleging invalidity of the patent, patent misuse, and violation of the antitrust laws in the licensing of the patent. The district court held that the patent was invalid for obviousness under 35 U.S.C. 103,1 but that there was no patent misuse or violation of the antitrust laws by Santa Fe or its predecessor in interest, Ben C. Ger-wick, Inc. Santa Fe has appealed…

2Cases cited26 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  3. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
  4. Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
  5. United States v. South-Eastern Underwriters Assn.Supreme Court of the United States · 1944

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3Cited by3 opinions

  1. Famolare, Inc. v. Edison Bros. Stores, Inc.District Court, E.D. California · 1981
  2. Square Liner 360o, Inc., Appellant/cross v. Finis Lavell Chisum and Chief Industries, Inc., Appellees/crossCourt of Appeals for the Eighth Circuit · 1982
  3. Santa Fe-Pomeroy, Inc. v. P & Z Company, Inc.Court of Appeals for the Ninth Circuit · 1978

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