Legal Opinion

Bourne v. Jones

District Court, S.D. Florida

Decided July 24, 1951No. 756-M-CivilPublishedCited by 16 opinions

1Opinion of the Court

WHITEHURST, District Judge.

The plaintiff in this suit, Dr. Benjamin Arthur Bourne, in 1936 applied for and was granted plant patents on three varieties of sugar cane, which he bred in 1930 and 1931. This suit was subsequently brought against the defendant, Luther Jones, claiming that the defendant had infringed plaintiff’s patents and praying for injunctive relief and an accounting.

The suit involves the validity of plant patents numbers 203, 210 and 220 granted under Title 35, § 31, U.S.C. The plaintiff applied for a patent covering sugar cane variety F31-962 on May 11, 1936, on which…

2Cases cited17 opinions

  1. Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
  2. Egbert v. LippmannSupreme Court of the United States · 1881
  3. Smith & Griggs Manufacturing Co. v. SpragueSupreme Court of the United States · 1887
  4. Electric Storage Battery Co. v. ShimadzuSupreme Court of the United States · 1939
  5. Pointer v. Six Wheel CorporationCourt of Appeals for the Ninth Circuit · 1949

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

3Cited by16 opinions

  1. Application of Edward Burton LegriceCourt of Customs and Patent Appeals · 1962
  2. General Electric Co. v. United StatesUnited States Court of Claims · 1981
  3. David Atlas v. Eastern Air Lines, IncorporatedCourt of Appeals for the First Circuit · 1962
  4. Penn Yan Boats, Inc. v. Sea Lark Boats, Inc.District Court, S.D. Florida · 1972
  5. Monolith Portland Midwest Co. v. Kaiser Aluminum & Chemical Corp.District Court, S.D. California · 1967

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

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