Legal Opinion
Kuther v. Leuschner
District Court, N.D. California
Decided July 6, 1961No. Civ. Nos. 38418, 38859PublishedCited by 2 opinions
1Opinion of the Court
SWEIGERT, District Judge.
The above two cases, consolidated for the purpose of trial, involve similar subject matter and issues, namely, whether the defendants have infringed a valid patent of plaintiff in a fish canning machine. (Letters Patent, No. 2,452,666 issued November 2, 1948).
It is alleged that the defendants procured a number of the patented machines from an unlicensed holder and proceeded without authority, to cause them to be entirely rebuilt and to adapt them to fill five ounce cans, whereas they were built to fill one pound cans only.
The defendants admit that they have caused the…
2Cases cited12 opinions
- Aro Manufacturing Co. v. Convertible Top Replacement Co.Supreme Court of the United States · 1961
- Leeds & Catlin Company v. Victor Talking Machine Company (No. 2)Supreme Court of the United States · 1909
- Wilson v. SimpsonSupreme Court of the United States · 1850
- Cotton-Tie Co. v. SimmonsSupreme Court of the United States · 1882
- Chaffee v. Boston Belting Co.Supreme Court of the United States · 1859
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3Cited by2 opinions
- General Electric Co. v. United StatesUnited States Court of Claims · 1978
- Wilbur-Ellis Co. v. KutherSupreme Court of the United States · 1964