FOUTS ET AL.
v.
UNITED STATES

U.S. | 1958-11-10
No. 364
The Chief Justice, Mr. Justice Douglas, and Mr. Justice Whittaker are of the opinion that certiorari should be granted. Mr. Justice Stewart took no part in.the consideration or decision of this application.
358 U.S. 884 Supreme Court of the United States (1958) Caution
Cited by 31 cases

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Cited By (31 total)

  • City OF Detroit v. Grinnell Corp., 495 F.2d 448 (2d Cir. 1974)
    …through the exercise of reasonable diligence after being apprised of sufficient facts to put him on notice. Tracerlab, Inc. v. Industrial Nucleonics Corp., 313 F. 2d 97 (1st Cir. 1963); Crummer Co. v. Du Pont, 255 F. 2d 425 (5th Cir.), cert. denied, 358 U.S. 884, 79 S.Ct. 119, 3 L.Ed.2d 113 (1958). Once it appears that the statute of limitations has run, the plaintiff must sustain the burden of showing not merely that he failed to discover his cause of action prior to the running of the statute of limitat…
  • …ization and scope of the invention, and if the language is as precise as the subject matter permits, the courts can demand no more.” Georgia-Pacific Corp. v. United States Plywood Corp., 258 F. 2d 124, 136, 118 USPQ 122, 132 (2d Cir.), cert. denied, 358 U.S. 884, 79 S.Ct. 124, 3 L.Ed.2d 112, 119 USPQ 501 (1958). Compliance with the second paragraph of section 112 is generally a question of law, and we observe no failure of compliance on the record before us, and no basis on section 112 grounds for disturbin…
  • …urt for the Southern District of New York, William B. Herlands, J., initially found the patents invalid, 148 F.Supp. 846 (1956), but this court reversed and held one of the patents (Deskey) valid and infringed. 258 F. 2d 124 (2d Cir.), cert. denied, 358 U.S. 884, 79 S.Ct. 124, 3 L.Ed.2d 112 (1958). Upon remand, the ease was referred to a Special Master for an accounting covering the period March 1955 to September 1958. The Master recommended that USP should be awarded GP’s net profits of $655,837. After a h…

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