Earl R. Jackson v. Dunham-Bush, Inc., Great Atlantic & Pacific Tea Co., and Roche and Hull, Inc.

Fourth Circuit

Earl R. Jackson v. Dunham-Bush, Inc., Great Atlantic & Pacific Tea Co., and Roche and Hull, Inc.

333 F.2d 287, 141 U.S.P.Q. (BNA) 854, 1964 U.S. App. LEXIS 5110

CourtCourt of Appeals for the Fourth Circuit

DecidedJune 10, 1964

Docket9236

StatusPublished

Cited by1 cases

This text of 333 F.2d 287 (Earl R. Jackson v. Dunham-Bush, Inc., Great Atlantic & Pacific Tea Co., and Roche and Hull, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Earl R. Jackson v. Dunham-Bush, Inc., Great Atlantic & Pacific Tea Co., and Roche and Hull, Inc., 333 F.2d 287, 141 U.S.P.Q. (BNA) 854, 1964 U.S. App. LEXIS 5110 (4th Cir. 1964).

Pincite

Opinion

PER CURIAM:

This case involves the validity of patent No. 2,755,371 issued to the appellant,. Earl R. Jackson, on July 17, 1956, upon application filed March 20, 1953, for a. device for defrosting of refrigerators, deep freezers and cooling systems. The-complaint charged infringement of the-patent by Dunham-Bush, Inc., Great Atlantic & Pacific Tea Co., and Roche and'. Hull, Inc., appellees. Injunction, accounting and damages were sought. Upon the-issues of the patent’s validity and defendants’ infringement, the District. Court found against the plaintiff Jackson and dismissed the action.

We affirm on the ground of invalidity. In this view, we need not pass upon the-question of infringement, which the District Court also resolved in order to give a complete answer to the complaint. We-adopt as ours the opinion of the District Judge in regard to the validity of the-patent. Jackson v. Dunham-Bush, Inc., et al., 220 F.Supp. 377 (D.C.Md.1963).

Affirmed.

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PER CURIAM:

This case involves the validity of patent No. 2,755,371 issued to the appellant,. Earl R. Jackson, on July 17, 1956, upon application filed March 20, 1953, for a. device for defrosting of refrigerators, deep freezers and cooling systems. The-complaint charged infringement of the-patent by Dunham-Bush, Inc., Great Atlantic & Pacific Tea Co., and Roche and'. Hull, Inc., appellees. Injunction, accounting and damages were sought. Upon the-issues of the patent’s validity and defendants’ infringement, the District. Court found against the plaintiff Jackson and dismissed the action.

We affirm on the ground of invalidity. In this view, we need not pass upon the-question of infringement, which the District Court also resolved in order to give a complete answer to the complaint. We-adopt as ours the opinion of the District Judge in regard to the validity of the-patent. Jackson v. Dunham-Bush, Inc., et al., 220 F.Supp. 377 (D.C.Md.1963).

Affirmed.

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333 F.2d 287, 141 U.S.P.Q. (BNA) 854, 1964 U.S. App. LEXIS 5110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/earl-r-jackson-v-dunham-bush-inc-great-atlantic-pacific-tea-co-and-ca4-1964.

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