Legal Opinion
Schwinn Bicycle Company v. Goodyear Tire & Rubber Company
Court of Appeals for the Ninth Circuit
Decided December 22, 1970No. 23950_1PublishedCited by 26 opinions
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
This is an appeal from a decision of the district court granting summary judgment to defendant-appellee Goodyear on the ground that plaintiff-appellant Schwinn’s design patent for a bicycle seat is invalid and, if valid, is not infringed by a similar bicycle seat manufactured by Goodyear. We are in agreement with the district court’s determination of invalidity and affirm.
I. The Patent in Suit and the Prior Art Advertisement.
The patent in suit is a design patent, U. S. Patent No. D.204.121. It issued on March 15, 1966, as a result of an application filed on…
2Cases cited13 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
- Consolidated Electric Co. v. United States of America for Use and Benefit of Gough Industries, Inc.Court of Appeals for the Ninth Circuit · 1966
- John W. Bentley v. Sunset House Distributing Corp., Etc.Court of Appeals for the Ninth Circuit · 1966
- Monaplastics, Inc. v. Caldor, Inc.Court of Appeals for the Second Circuit · 1967
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- The Troxel Manufacturing Company, and Cross-Appellee v. Schwinn Bicycle Company, and Cross-AppellantCourt of Appeals for the Sixth Circuit · 1974
- Schnading Corporation v. Gaines Manufacturing Co., Inc.Court of Appeals for the Sixth Circuit · 1974
- The Troxel Manufacturing Company, & Cross-Appellant v. Schwinn Bicycle Company, & Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1972
- Famolare, Inc. v. Edison Bros. Stores, Inc.District Court, E.D. California · 1981
- Reeves Instrument Corporation and Dynamics Corporation of America v. Beckman Instruments, IncorporatedCourt of Appeals for the Ninth Circuit · 1971
21 more not listed; retrieve them via the Exa API.