ETHICON, INC., APPELLANT,
v.
HANDGARDS, INC., ET AL., APPELLEES
ETHICON, INC., APPELLANT,
HANDGARDS, INC., ET AL., APPELLEES
432 F.2d 438
United States Court of Appeals for the Ninth Circuit (1970)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM:
Ethicon’s Gerard patent No. 3,028,576 was held invalid because the trial court found that under 35 U.S.C. § 102(b) there was prior public use for more than one year of the concept of the machine, the subject of the patent.
There is little or no direct contradiction in the oral evidence. In our view, we have a case that could have been decided either way. Ethicon contends the testimony of Handgards’ principal was too weak and impaired by certain circumstances. But the trial court was entitled to give more weight to other circumstances which point to Handgards’ version being correct.
The decree is affirmed because the findings are not clearly erroneous.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Handgards, Inc. v. Ethicon, Inc., 743 F.2d 1282 (9th Cir. 1984)
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Handgards, Inc. v. Ethicon, Inc., 601 F.2d 986 (9th Cir. 1979)
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Astrup v. Immigr. & Naturalization Serv., 402 U.S. 509 (U.S. 1971)