Legal Opinion
Gilbert Shaw and Polymers, Inc. v. E. B. & A. C. Whiting Company
Court of Appeals for the Second Circuit
Decided November 5, 1969No. 24-28, Dockets 32426-33428, 32517, 32518PublishedCited by 44 opinions
1Opinion of the Court
WATERMAN, Circuit Judge:
Plaintiff-appellants (hereafter plaintiff or appellant) appeal from a judgment order entered in the United States District Court for the District of Vermont after a trial before Judge Bernard J. Leddy sitting without jury. The trial judge filed lengthy Findings of Fact from which he concluded that appellant’s patent in suit, No. 2,637,893, issued to appellant Gilbert Shaw on May 12, 1953, was invalid for obviousness under 35 U.S.C. § 103 and for lack of novelty under 35 U.S.C. § 101; that, being invalid, the claim of the patent was not infringed by either of two…
2Cases cited18 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- United States v. AdamsSupreme Court of the United States · 1966
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Sanitary Refrigerator Co. v. WintersSupreme Court of the United States · 1929
13 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Trio Process Corporation, in No. 71-1295 v. L. Goldstein's Sons, Inc., in No. 71-1296Court of Appeals for the Third Circuit · 1972
- Tights, Inc. v. Acme-Mccrary Corporation, and Orin R. YorkCourt of Appeals for the Fourth Circuit · 1976
- Plastic Container Corporation v. Continental Plastics of Oklahoma, Inc.Court of Appeals for the Tenth Circuit · 1979
- Julie Research Laboratories, Inc. v. Guildline Instruments, Inc., and Hallmark Standards, Inc.Court of Appeals for the Second Circuit · 1974
- Maclaren v. B-I-W Group Inc.Court of Appeals for the Second Circuit · 1976
39 more not listed; retrieve them via the Exa API.