Legal Opinion
Sears, Roebuck & Co. v. Jones
Court of Appeals for the Tenth Circuit
Decided September 12, 1962No. 6716PublishedCited by 16 opinions
1Opinion of the Court
MURRAH, Chief Judge.
This is an appeal from a judgment holding appellees’ patent for “Locking Wrench and Pliers” valid and infringed and enjoining the future sale of appellants’ accused device. Jones is the owner of the patent in suit, and Petersen Manufacturing Company, Inc. is his exclusive licensee. Sears, Roebuck & Co. markets the accused device, manufactured by Parker Manufacturing Company.
Appellants first assert noninfringement, then invalidity. But, we follow what has been said to be the better practice, and first consider the issue of the validity of the patent. Sinclair & Carroll Co.,…
2Cases cited12 opinions
- Sanitary Refrigerator Co. v. WintersSupreme Court of the United States · 1929
- Sinclair & Carroll Co. v. Interchemical Corp.Supreme Court of the United States · 1945
- Muncie Gear Works, Inc. v. Outboard, Marine & Manufacturing Co.Supreme Court of the United States · 1942
- Schriber-Schroth Co. v. Cleveland Trust Co.Supreme Court of the United States · 1938
- Skinner Bros. Belting Co. v. Oil Well Improvements Co.Court of Appeals for the Tenth Circuit · 1931
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- McCullough Tool Co. v. Well Surveys, Inc.Court of Appeals for the Tenth Circuit · 1965
- The Eimco Corporation v. Peterson Filters and Engineering Company and Komline-Sanderson Engineering CorporationCourt of Appeals for the Tenth Circuit · 1969
- Ellipse Corporation, Cross-Appellant v. Ford Motor Company, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1971
- Lam, Inc. v. Johns-Manville Corporation and Johns-Manville Sales CorporationCourt of Appeals for the Tenth Circuit · 1982
- King-Seeley Thermos Co. v. Refrigerated Dispensers, Inc., Diamond Ice MacHine Company, and the Diamond CorporationCourt of Appeals for the Tenth Circuit · 1965
11 more not listed; retrieve them via the Exa API.