NORTH RIVER INSURANCE CO.

v.

SCALI, MCCABE, SLOVES, INC.

Citator

Cited By

• Smith Int'l, Inc. v. Hughes Tool Co., 718 F.2d 1573 (Fed. Cir. 1983)
  …on, declaring both patents to be valid, reinstating Hughes’ counterclaim for infringement, and remanding the cause for further proceedings on the counterclaim. Smith International Inc. v. Hughes Tool Company, 664 F. 2d 1373 (9th Cir.), cert. denied, 456 U.S. 976, 102 S.Ct. 2242, 72 L.Ed.2d 851 (1982). Following remand to the district court, Hughes'moved for entry of judgment in its favor, contending that Smith had admitted infringement of both patents. Hughes also sought a preliminary injunction to prevent…
• Smith Int'l, Inc. v. Hughes Tool Co., 759 F.2d 1572 (Fed. Cir. 1985)
  …The Court of Appeals for the Ninth Circuit reversed, holding that Smith had failed to meet its burden of proving that either patent was invalid. Smith International, Inc. v. Hughes Tool Company, 664 F. 2d 1373, 215 USPQ 592 (9th Cir.), cert. denied, 456 U.S. 976,102 S.Ct. 2242, 72 L.Ed.2d 851 (1982) (Smith I). The court noted that the district court had “adopted almost verbatim and used as its opinion the proposed findings of Smith International” and that “[t]he Ninth Circuit has repeatedly held that adopte…
• Fed. Deposit Ins. Corp. v. Texarkana Nat'l Bank, 874 F.2d 264 (5th Cir. 1989)
  …1384 n. 16 (5th Cir.1979)). The Ninth Circuit Court of Appeals has similarly indicated that strict scrutiny of “rubber-stamped” findings is appropriate. See Smith International, Inc. v. Hughes Tool Co., 664 F. 2d 1373, 1375 (9th Cir.), cert. denied, 456 U.S. 976, 102 S.Ct. 2242, 72 L.Ed.2d 851 (1982). III. Setoff as to the Fictitious Loans4 The district court found setoff proper by TNB because the Gunther and Bell loans were based on fraud. The GBSB’s officers induced TNB to participate in the loans with…