GARCIA
v.
ATCHISON, TOPEKA & SANTA FE RAILWAY CO.

U.S. | 1960-05-23
No. 849
362 U.S. 989 Supreme Court of the United States (1960) Positive Treatment
Cited by 6 cases

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  • The Maytag Co. v. The Murray Corp. OF Am., 318 F.2d 79 (6th Cir. 1963)
    …the patentee cannot prevent others from making improvements on the prior art unless they use substantially the very novelty which is the basis of his patent. National Latex Products Company v. Sun Rubber Company, 274 F. 2d 224, C.A.6, cert. denied, 362 U.S. 989, 80 S.Ct. 1078, 4 L.Ed.2d 1022; Remington Rand, Inc. v. Meilink Steel Safe Co., 140 F. 2d 519, 521, C.A.6; Industrial Instrument Corporation v. Foxboro Company, 307 F. 2d 783, [*85] 785, C.A.5, rehearing denied, 686. 310 F. 2d “The claim of a paten…
  • …v. Twin City Power Co., the case cited first above, is almost directly in point and controls the instant case. We reject the Government’s contention that our decision in Cunningham v. United States, 270 F. 2d 545 (4th Cir.1959), certiorari denied, 362 U.S. 989, 80 S.Ct. 1078-, 4 L.Ed.2d 1022 (1960), overruled Twin City, supra. Chief Judge Parker, writing for this court in the Twin City case, said, 248 F. 2d at 112: “We review the District Judge, not the commissioners; and under Rule 52(a) we may not set…
  • …ourt in National Latex Products Co. v. Sun Rubber Co., 274 F. 2d 224 (6th Cir. 1959), rehearing denied, 274 F. 2d 224 (6th Cir. 1960), motion to reconsider in banc and second petition for rehearing denied, 276 F. 2d 167 (6th Cir. 1960), cert denied, 362 U.S. 989, 80 S.Ct. 1078, 4 L.Ed.2d 21 (1960),1 held inter alia, that Presform had not infringed the Martin machine patent, U.S. Patent No. 2,629,131, owned by Sun Rubber Co. (Sun).2 This court further held that Presform had contributorily infringed Sun’s Mo…

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