Legal Opinion

Buckingham Products Co. v. McAleer Mfg. Co.

Court of Appeals for the Sixth Circuit

Decided December 12, 1939No. 7942PublishedCited by 12 opinions

1Opinion of the Court

SIMONS, Circuit Judge.

As in Westinghouse Electric & Manufacturing Company v. Formica Insu lation Company, 266 U.S. 342, 45 S.Ct. 117, 69 L.Ed. 316, the question in this case is the operation of the principle of estoppel and the character of defense to which the assignor of a patented invention is limited in a suit for infringement by the assignee, although we are here concerned with a patent issued before the assignor left the employ of the assignee. Since the assignor was continuously consulted during the prosecution of the patent application and the claims as issued definitely derive from…

2Cases cited16 opinions

  1. Paramount Publix Corp. v. American Triergon Corp.Supreme Court of the United States · 1935
  2. Westinghouse Electric & Manufacturing Co. v. Formica Insulation Co.Supreme Court of the United States · 1924
  3. Eureka Company v. Bailey CompanySupreme Court of the United States · 1871
  4. Carson Inv. Co. v. Anaconda Copper Mining Co.Court of Appeals for the Ninth Circuit · 1928
  5. Mellor v. CarrollU.S. Circuit Court for the District of Massachusetts · 1905

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

3Cited by12 opinions

  1. Scott Paper Co. v. Marcalus Manufacturing Co.Supreme Court of the United States · 1945
  2. Shamrock Technologies, Inc. v. Medical Sterilization, Inc., and Robert S. LuniewskiCourt of Appeals for the Federal Circuit · 1990
  3. United States v. Associated Air Transport, Inc., Associated Air Transport, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1960
  4. Hazeltine Research, Inc. v. Avco Manufacturing Corporation and the Harry Alter Co., Inc.Court of Appeals for the Seventh Circuit · 1955
  5. Automatic Paper Machinery Co. v. Marcalus Mfg. Co.Court of Appeals for the Third Circuit · 1945

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

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