Legal Opinion

L. McBrine Co. v. Silverman

Court of Appeals for the Ninth Circuit

Decided June 25, 1941No. 9693PublishedCited by 10 opinions

1Opinion of the Court

MATHEWS, Circuit Judge.

These are consolidated appeals from judgments dismissing actions for infringement of claims 4, 8, 10, 11, 12, 19, 23, 24, 26 and 27 of patent No. 1,878,989.1 Both actions were brought by appellant, the L. McBrine Company, Limited. One was against" Sol Silverman and Sam Silverman, the other against Herman Koch, Harold M. Koch, William L. Koch and Rebecca Koch. Defenses in each action were that the claims were invalid and that, if valid, they were not infringed. The court below held the claims invalid and dismissed the actions on that ground.

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2Cases cited2 opinions

  1. Frey & Son, Inc. v. Cudahy Packing Co.Supreme Court of the United States · 1921
  2. Collier v. StanbroughSupreme Court of the United States · 1847

3Cited by10 opinions

  1. International Carbonic Engineering Co. v. Natural Carbonic Products, Inc.District Court, S.D. California · 1944
  2. Schnitzer v. California Corrugated Culvert Co.Court of Appeals for the Ninth Circuit · 1944
  3. Leishman v. Associated Wholesale Electric Co.Court of Appeals for the Ninth Circuit · 1943
  4. Fitzsimmons v. JacksonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1985
  5. Petersen v. Coast Cigarette Vendors, Inc.Court of Appeals for the Ninth Circuit · 1942

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