Joseph A. Thiel v. The Independent Nail and Packing Company, Inc.

Eighth Circuit

Joseph A. Thiel v. The Independent Nail and Packing Company, Inc.

333 F.2d 837, 142 U.S.P.Q. (BNA) 249, 1964 U.S. App. LEXIS 4727

CourtCourt of Appeals for the Eighth Circuit

DecidedJuly 14, 1964

Docket17525_1

StatusPublished

Cited by1 cases

This text of 333 F.2d 837 (Joseph A. Thiel v. The Independent Nail and Packing Company, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Joseph A. Thiel v. The Independent Nail and Packing Company, Inc., 333 F.2d 837, 142 U.S.P.Q. (BNA) 249, 1964 U.S. App. LEXIS 4727 (8th Cir. 1964).

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Opinion

PER CURIAM.

The Independent Nail and Packing Company, Inc., appellee (plaintiff below), brought this declaratory judgment action against Joseph A. Thiel, appellant (defendant), asking for a declaration of invalidity of Thiel Patent No. 2,885,169 and a declaration that certain conduit holders made and sold by Independent did not infringe upon any claim of the Thiel Patent. Thiel answered, denying the allegations of the complaint and entered a counterclaim for damages by way of infringement. The District Court, The Honorable Roy W. Harper, Chief Judge, before whom the case was tried, found that Thiel’s Patent No. 2,885,169 was invalid for lack of invention and was not infringed. The court’s findings and conclusions are included in its Memorandum Opinion which is published as Independent Nail & Packing Co., Inc. v. Thiel, D.C.E.D.Mo.1963, 222 F.Supp. 1004. Therein Judge Harper ably demonstrates the correctness of his holding. On the basis of his opinion as published, and with which we fully concur, this case is affirmed.

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PER CURIAM.

The Independent Nail and Packing Company, Inc., appellee (plaintiff below), brought this declaratory judgment action against Joseph A. Thiel, appellant (defendant), asking for a declaration of invalidity of Thiel Patent No. 2,885,169 and a declaration that certain conduit holders made and sold by Independent did not infringe upon any claim of the Thiel Patent. Thiel answered, denying the allegations of the complaint and entered a counterclaim for damages by way of infringement. The District Court, The Honorable Roy W. Harper, Chief Judge, before whom the case was tried, found that Thiel’s Patent No. 2,885,169 was invalid for lack of invention and was not infringed. The court’s findings and conclusions are included in its Memorandum Opinion which is published as Independent Nail & Packing Co., Inc. v. Thiel, D.C.E.D.Mo.1963, 222 F.Supp. 1004. Therein Judge Harper ably demonstrates the correctness of his holding. On the basis of his opinion as published, and with which we fully concur, this case is affirmed.

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Bluebook (online)

333 F.2d 837, 142 U.S.P.Q. (BNA) 249, 1964 U.S. App. LEXIS 4727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-a-thiel-v-the-independent-nail-and-packing-company-inc-ca8-1964.

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