K & W Trucking, Inc. v. Eight Point Trailer Corp.

Ninth Circuit

K & W Trucking, Inc. v. Eight Point Trailer Corp.

418 F.2d 1243, 164 U.S.P.Q. (BNA) 35

CourtCourt of Appeals for the Ninth Circuit

DecidedNovember 25, 1969

Docket22909_1

StatusPublished

This text of 418 F.2d 1243 (K & W Trucking, Inc. v. Eight Point Trailer Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

K & W Trucking, Inc. v. Eight Point Trailer Corp., 418 F.2d 1243, 164 U.S.P.Q. (BNA) 35 (9th Cir. 1969).

Pincite

Opinion

PER CURIAM:

The judgment is affirmed as to infringement. We conclude that the finding of patent infringement on a truck trailer coupling device is not clearly erroneous.

We reverse as to the award of attorney fees. The infringement was very retail and not aggravated. It was mostly a case of a stubborn layman. There is just not enough wilfulness to make the case the extraordinary one required for an award of attorney’s fees. Perhaps all victors in patent cases should get attorney’s fees, but that is not the law. Approval of attorney’s fees here would just about mean that they could be allowed in every patent ease.

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PER CURIAM:

The judgment is affirmed as to infringement. We conclude that the finding of patent infringement on a truck trailer coupling device is not clearly erroneous.

We reverse as to the award of attorney fees. The infringement was very retail and not aggravated. It was mostly a case of a stubborn layman. There is just not enough wilfulness to make the case the extraordinary one required for an award of attorney’s fees. Perhaps all victors in patent cases should get attorney’s fees, but that is not the law. Approval of attorney’s fees here would just about mean that they could be allowed in every patent ease.

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Bluebook (online)

418 F.2d 1243, 164 U.S.P.Q. (BNA) 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/k-w-trucking-inc-v-eight-point-trailer-corp-ca9-1969.