Legal Opinion

Hensley Equipment Company, Inc. v. Esco Corporation

Court of Appeals for the Ninth Circuit

Decided March 3, 1967No. 20599PublishedCited by 29 opinions

1Opinion of the Court

HAMLEY, Circuit Judge.

Esco Corporation (Esco), owner of Baer Patent No. 2,483,032 (Baer), brought this patent infringement suit against Hensley Equipment Company, Inc. (Hensley), manufacturer and seller of the accused apparatus. The Baer patent is a combination patent describing a mechanical device known in the heavy construction industry as a two-part excavating tooth.

Esco alleged that Hensley had infringed claims 5, 8 and 9 of Baer. Claim 5 describes the overall combination of the two parts of an excavating tooth. One part is an “adapter,” which is secured to the lip of a piece of…

2Cases cited4 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. John W. Bentley v. Sunset House Distributing Corp., Etc.Court of Appeals for the Ninth Circuit · 1966
  3. National Lead Company v. Western Lead Products Company, Western Lead Products Company v. National Lead CompanyCourt of Appeals for the Ninth Circuit · 1961
  4. Esco Corp. v. Hensley Equipment Co.District Court, N.D. California · 1965

3Cited by29 opinions

  1. Schnading Corporation v. Gaines Manufacturing Co., Inc.Court of Appeals for the Sixth Circuit · 1974
  2. Kolene Corporation, and Deutsche Gold-Und-Silber Scheideanstalt Vormals Roessler v. Motor City Metal Treating, Inc.Court of Appeals for the Sixth Circuit · 1971
  3. Saf-Gard Products, Inc. v. Service Parts, Inc.Court of Appeals for the Ninth Circuit · 1976
  4. Hensley Equipment Company, Inc. v. Esco CorporationCourt of Appeals for the Fifth Circuit · 1967
  5. M. O. S. Corporation v. John I. Haas Co., Inc.Court of Appeals for the Ninth Circuit · 1967

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