Legal Opinion

Sims v. Mack Truck Corp.

Court of Appeals for the Third Circuit

Decided October 16, 1979No. Nos. 78-2516 — 78-2520PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

Changing the discharge point of a concrete mixer from the rear to the front of the truck results in definite advantages but does not raze the roadblock of nonobviousness required for patentability. We therefore reverse a district court finding of patent validity. We find jurisdiction also to review a companion count alleging conversion of trade secrets related to the construction of concrete mixers. Because that claim contains disputed matters of fact, we vacate a summary judgment entered in favor of the defendant.

By virtue of an assignment in 1965,…

2Cases cited23 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. Hotchkiss v. GreenwoodSupreme Court of the United States · 1851
  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

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

3Cited by24 opinions

  1. Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.Supreme Court of the United States · 2005
  2. SI Handling Systems, Inc. v. HeisleyCourt of Appeals for the Third Circuit · 1985
  3. Den-Tal-Ez, Inc. v. Siemens Capital Corp.Supreme Court of Pennsylvania · 1989
  4. Board of Trade v. Dow Jones & Co.Illinois Supreme Court · 1983
  5. 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

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