Legal Opinion
Lemelson v. Topper Corp.
Court of Appeals for the Second Circuit
Decided October 22, 1971No. Nos. 28, 29, Dockets 71-1253, 71-1314PublishedCited by 19 opinions
1Opinion of the Court
MOORE, Circuit Judge:
Jerome H. Lemelson appeals from an order of the United States District Court for the Southern District of New York, dismissing his complaint for patent infringement.1 Topper Corporation2 cross-appeals from that part of the court’s order adjudging Lemelson’s patent valid.
Lemelson was issued a patent on a toy gun containing a mechanism which simulates the sound of a ricocheting bullet through the use of a reed-like noisemaker which is activated by the sudden expansion of a spring-loaded bellows.3 Sometime after the issuance of the patent, defendant Topper Corporation…
2Cases cited12 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
- United States v. AdamsSupreme Court of the United States · 1966
- Hall v. St. Helena Parish School BoardCourt of Appeals for the Fifth Circuit · 1969
- Anton Lorenz v. F. W. Woolworth Co.Court of Appeals for the Second Circuit · 1962
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Julie Research Laboratories, Inc. v. Guildline Instruments, Inc., and Hallmark Standards, Inc.Court of Appeals for the Second Circuit · 1974
- Bruce Howes v. The Great Lakes Press Corporation, Holt Manufacturing Company, and Devries BrothersCourt of Appeals for the Second Circuit · 1982
- Noma Lites Canada Ltd. v. Westinghouse Electric Corp.District Court, District of Columbia · 1975
- Koppers Company, Inc., and Universal Corrugated Box MacHinery Corporation v. S&s Corrugated Paper MacHinery Co., Inc.Court of Appeals for the Second Circuit · 1975
- Kurt H. Volk, Inc. v. Foundation for Christian LivingDistrict Court, S.D. New York · 1982
14 more not listed; retrieve them via the Exa API.