Legal Opinion

Sam Houston, an Individual, Dba Modern Transportation Supplies v. The Polymer Corporation, a Pennsylvania Corporation

Court of Appeals for the Ninth Circuit

Decided September 8, 1980No. 78-2714, 78-2860PublishedCited by 6 opinions

1Opinion of the Court

EUGENE A. WRIGHT, Circuit Judge:

Houston challenged Polymer’s patent on nylon pedestal liners for railroad trucks as invalid for “obviousness.” The district court agreed and granted summary judgment for Houston. We reverse and remand for trial.

The disputed patent relates to the replacement of hardened alloy steels with nylon in making wear plates for railroad trucks of a type typically used in diesel locomotives. As the surfaces are “slidably engaged to enable the wheels and the body of the locomotive to move relative to each other in a generally vertical direction,” considerable wear occurs…

2Cases cited7 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Reeves Instrument Corporation and Dynamics Corporation of America v. Beckman Instruments, IncorporatedCourt of Appeals for the Ninth Circuit · 1971
  3. Speed Shore Corp. v. DendaCourt of Appeals for the Ninth Circuit · 1979
  4. Garter-Bare Co. v. Munsingwear, Inc.Court of Appeals for the Ninth Circuit · 1980
  5. Mayview Corp. v. RodsteinCourt of Appeals for the Ninth Circuit · 1973

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

3Cited by6 opinions

  1. Del Mar Engineering Laboratories v. Physio-Tronics, Inc.Court of Appeals for the Ninth Circuit · 1981
  2. Robert Sarkisian v. Winn-Proof Corp., William A. Werner, and Wer-Nel Enterprises, Inc.Court of Appeals for the Ninth Circuit · 1983
  3. Stevenson v. Grentec, Inc.Court of Appeals for the Ninth Circuit · 1981
  4. Robert Sarkisian v. Winn-Proof Corp., William A. Werner, and Wer-Nel Enterprises, Inc., DefendantsCourt of Appeals for the Ninth Circuit · 1981
  5. Richard Lawrence Stevenson v. Grentec, Inc., Richard Lawrence Stevenson v. Mojo Boards South Bay Recreational Products, Inc., Richard Lawrence Stevenson v. Wayne Brown D/B/A Wayne Brown SurfboardsCourt of Appeals for the Ninth Circuit · 1981

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