CAPITAL TRANSIT CO.
v.
JACKSON

U.S. | 1945-11-05
No. 434
326 U.S. 762 Supreme Court of the United States (1945) Positive Treatment
Cited by 9 cases

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  • …nnot be verified on the present record), and that in any event it could not have hoped to win a temporary injunction until the patent had been sustained by this court in Riverton, cf. Clair v. Kastar, Inc., 148 F. 2d 644, 646 (2 Cir.), cert. denied, 326 U.S. 762, 66 S.Ct. 143, 90 L.Ed. 459 (1945), defendant would probably reply that plaintiff must have known at least since January 1, 1969, see Marked Pleadings, Carter-Wallace, Inc. v. Riverton Laboratories, Inc., 65 Civ. 4, that the Riverton decision would…
  • Elton M. Moore v. Walt Shultz, 491 F.2d 294 (10th Cir. 1974)
    …notified by Mr. Moore of the alleged infringement soon after he saw the Ajax machine of defendants. Such circumstances are sufficient excuse for the delay. Clair v. Kastar, Inc., 148 F. 2d 644 (2d Cir.), cert. denied sub nom. Kastar, Inc. v. Clair, 326 U.S. 762, 66 S.Ct. 143, 90 L.Ed. 459 (1945). In view of the foregoing, we must set aside the order of the trial court which granted judgment n. o. v., and this we hereby do. There remains for consideration the alternative order of the trial court granting…
  • Jamesbury Corp. v. Litton Indus. Prods., Inc., 839 F.2d 1544 (Fed. Cir. 1988)
    …USPQ 863, 864 (7th Cir.1982). . Leinoff, 726 F. 2d at 741-42, 220 USPQ at 850. . Jensen v. Western Irrigation & Mfg., Inc., 650 F. 2d 165, 168 (9th Cir.1980). . See, e.g., Clair v. Kastar, Inc., 148 F. 2d 644, 65 USPQ 143 (2d Cir.), cert. denied, 326 U.S. 762, 66 S.Ct. 143, 90 L.Ed. 459 (1945); Jenn-Air Corp. v. Penn Ventilator Co., 464 F. 2d 48, 174 USPQ 419 (3d Cir.1972); Studiengesellschaft, 616 F. 2d 1315, 206 U.S.P.Q. 577 (5th Cir.1980); American Home Prods. Corp. v. Lockwood Mfg. Co., 483 F. 2d 112…

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