Legal Opinion

Kemart Corp. v. Printing Arts Research Laboratories, Inc.

Court of Appeals for the Ninth Circuit

Decided January 26, 1953No. 12948_1PublishedCited by 52 opinions

1Opinion of the Court

BONE, Circuit Judge.

Appellant brought an action against appellee for a declaratory judgment establishing that appellee’s Letters Patent No, 2,191,939 were invalid and not infringed by appellant. 1 Appellee filed a counterclaim charging infringement of all 12 claims of the patent except claims 5 and 7 and demanding an injunction and an accounting for profits and damages. On trial the lower court found that all claims of the patent were valid and infringed except claims 5 and 7, which were found to be not infringed. A declaratory judgment was entered accordingly and appellant was enjoined from…

2Cases cited42 opinions

  1. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1950
  2. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  3. Sanitary Refrigerator Co. v. WintersSupreme Court of the United States · 1929
  4. Sinclair & Carroll Co. v. Interchemical Corp.Supreme Court of the United States · 1945
  5. Tilghman v. ProctorSupreme Court of the United States · 1881

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

3Cited by52 opinions

  1. Autogiro Company of America v. The United StatesUnited States Court of Claims · 1967
  2. Lundgren v. FreemanCourt of Appeals for the Ninth Circuit · 1962
  3. Studiengesellschaft Kohle Mbh, as Trustee for the Max-Planck-Institut Fur Kohlenforschung v. Eastman Kodak CompanyCourt of Appeals for the Fifth Circuit · 1980
  4. Kemart Corporation, a Corporation v. Printing Arts Research Laboratories, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1956
  5. Kwikset Locks, Inc. v. Hillgren. Hillgren v. Kwikset Locks, Inc.Court of Appeals for the Ninth Circuit · 1954

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