Legal Opinion
Charles D. Ashcroft and Milton A. Engle v. Paper Mate Mfg. Company
Court of Appeals for the Ninth Circuit
Decided November 18, 1970No. 23328PublishedCited by 23 opinions
1Opinion of the Court
BARNES, Circuit Judge:
This is an action for damages' for the infringement of United States Patent No. 3,018,761. The District Court granted defendant’s motion for summary judgment and held the appellant’s patent invalid under 35 U.S.C. § 101 as lacking novelty, under 35 U.S.C. § 102 as claiming more than was invented by the patentee, and under 35 U.S.C. § 103 as being obvious to a person having ordinary skill in the art. In addition, the Court also found that the facts and circumstances of this case make it “exceptional” within the meaning of 35 U.S.C.A. § 285, and awarded $4,000.00 in…
2Cases cited8 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
- Monolith Portland Midwest Company, a Nevada Corporation v. Kaiser Aluminum & Chemical CorporationCourt of Appeals for the Ninth Circuit · 1969
- Brooks Walker v. General Motors Corporation and Les Vogel Chevrolet CompanyCourt of Appeals for the Ninth Circuit · 1966
- Griffith Rubber Mills, a Corporation v. Henry S. HoffarCourt of Appeals for the Ninth Circuit · 1963
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- United States v. Meier Jason BrownCourt of Appeals for the Eleventh Circuit · 2006
- Loctite Corporation v. Fel-Pro, Inc. And Felt Products Mfg. Co.Court of Appeals for the Seventh Circuit · 1981
- Rex Chainbelt Inc., (Cross-Appellee) v. Harco Products, Inc., Dba Dfc Company, (Cross-Appellant)Court of Appeals for the Ninth Circuit · 1975
- Famolare, Inc. v. Edison Bros. Stores, Inc.District Court, E.D. California · 1981
- Reeves Instrument Corporation and Dynamics Corporation of America v. Beckman Instruments, IncorporatedCourt of Appeals for the Ninth Circuit · 1971
18 more not listed; retrieve them via the Exa API.