(Download) "Buzzelli v. Minnesota Mining & Manufacturing Co." by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Buzzelli v. Minnesota Mining & Manufacturing Co.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 23, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
This is the second appeal in this patent infringement action brought by plaintiff Frank Buzzelli against defendant Minnesota Mining and Manufacturing Company (hereinafter "3M"). The first appeal resulted in the reversal of a summary judgment entered in favor of 3M on the grounds that the district court failed to consider certain issues of material fact concerning the obviousness of the process involved in the patent and applied an improper standard in determining obviousness. 480 F.2d 541 (6th Cir. 1973). Following the trial on remand, the district court, sitting without a jury, found that 3M had infringed plaintiffs patented "Method for Retaining Hair" by selling "Scotch" brand "Hair Set Tape" for use in practicing the patented process; but the court also found that the patent in suit was invalid because the process was anticipated by uses which were in the public domain (35 U.S.C. 102) and was obvious "to one of ordinary skill in the art" (35 U.S.C. 103). Further, the district court held that the patent was unenforceable because of the "inequitable conduct" displayed by plaintiff in failing, during the patent application process, to call attention to material and relevant prior art and in misrepresenting the state of the prior art. Plaintiff here challenges the district courts rulings with regard to invalidity and unenforceability, and 3M cross-appeals from the finding of infringement.