Graham v. John Deere (KyleR): Difference between revisions

Revision as of 01:02, 31 January 2011

Overview

decided by U.S. Supreme Court in 1966
Two patent-infringement claims being debated:
- No. 11: "Clamp for vibrating shank plows"
  - 1955 - ruled valid by Fifth Circuit. The combination produces an old result in a cheaper, more effective way
  - 1964 - ruled invalid by Eight Circuit. The combination provides no new result
  - 1966 - ruled invalid by Supreme Court. But neither Circuit applied the correct test

- No. 37 and No. 43: a built-in plastic finger sprayer with a "hold-down" cap for insecticide dispensing.
  - ruled valid by District Court and Court of Appeals

@@ Line 3: / Line 3: @@
 *Two patent-infringement claims being debated:
 **No. 11:  "Clamp for vibrating shank plows"
-***1955 - ruled valid by Fifth Circuit
+***1955 - ruled valid by Fifth Circuit. The combination produces an old result in a cheaper, more effective way
-****the combination produces an old result in a cheaper, more effective way
+***1964 - ruled invalid by Eight Circuit. The combination provides no new result
-***1964 - ruled invalid by Eight Circuit
+***1966 - ruled invalid by Supreme Court. But neither Circuit applied the correct test
-****the combination provides no new result
-***1966 - ruled invalid by Supreme Court
-****but neither Circuit applied the correct test
 **No. 37 and No. 43:  a built-in plastic finger sprayer with a "hold-down" cap for insecticide dispensing.
 ***ruled valid by District Court and Court of Appeals