Legal Opinion

John P. O'Brien v. Westinghouse Electric Corporation

Court of Appeals for the Third Circuit

Decided August 1, 1961No. 13308PublishedCited by 78 opinions

1Opinion of the Court

FORMAN, Circuit Judge.

In the first count of his complaint plaintiff-appellant John P. O’Brien, charged that defendant-appellee, Westinghouse Electric Corporation (Westinghouse), infringed his Patent No. 2,694,-951, issued on November 23, 1954, on an application filed on November 29, 1947, for a drawing die and method of making the same. 1 In the second count he alleged that Westinghouse committed acts of unfair competition by misappropriating his invention prior to its being patented as a related claim arising under 28 U.S.C.A. § 1338(b). 2 There was no diversity of citizenship between the…

2Cases cited49 opinions

  1. Hurn v. OurslerSupreme Court of the United States · 1933
  2. The Fair v. Kohler Die & Specialty Co.Supreme Court of the United States · 1913
  3. Galloway v. United StatesSupreme Court of the United States · 1943
  4. Levering & Garrigues Co. v. MorrinSupreme Court of the United States · 1933
  5. Binderup v. Pathe Exchange, Inc.Supreme Court of the United States · 1923

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3Cited by78 opinions

  1. Kelly v. International Harvester CompanySupreme Court of North Carolina · 1971
  2. Morelock v. NCR Corp.Court of Appeals for the Sixth Circuit · 1978
  3. Mars Incorporated v. Kabushiki-Kaisha Nippon ConluxCourt of Appeals for the Federal Circuit · 1994
  4. Wham-O-Mfg. Co., a Corporation v. Paradise Manufacturing Co., a CorporationCourt of Appeals for the Ninth Circuit · 1964
  5. 6 Fair empl.prac.cas. 22, 6 Empl. Prac. Dec. P 8685 Samuel L. Woods v. North American Rockwell Corporation, a Corporation, and Local 952, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (Uaw)Court of Appeals for the Tenth Circuit · 1973

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