D. S. BROWN CO. ET AL.
v.
ACME HIGHWAY PRODUCTS CORP.

U.S. | 1973-10-09
No. 72-1534
414 U.S. 824 Supreme Court of the United States (1973) Positive Treatment
Cited by 11 cases

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Citator

Cited By (11 total)

  • United States v. Sch. Dist. OF Ferndale, 577 F.2d 1339 (6th Cir. 1978)
    …y the Secretary of HEW. On March 1, 1973, this Court affirmed the fund termination order, finding that it was supported by substantial evidence. School Dist. of City of Ferndale v. H. E. W., 474 F. 2d 1349 (6th Cir.) (unpublished order), cert. den., 414 U.S. 824, 94 S.Ct. 126, 38 L.Ed.2d 57 (1973). After the cutoff of federal funds, Fern-dale school officials instituted two educational programs at Grant school for 1975-76 and 1976-77 schools years: 1) A traditional academic program for Grant students in gr…
  • …“But infringement cannot be avoided by the mere fact that the accused device is more or less efficient or performs additional functions.”); Acme Highway Products Corp. v. D.S. Brown Co., 473 F. 2d 849, 855, 177 USPQ 130, 135 (6th Cir.), cert. denied 414 U.S. 824, 94 S.Ct. 125, 38 L.Ed.2d 57, 179 USPQ 321 (1973) (“An accused device cannot escape infringement by merely adding features, if it otherwise has adopted the basic features of the patent.”). Further, the law recognizes the irrelevance of apparatus dis…
  • …. In the following cases, the doctrine of equivalents was applied as a matter of course upon a finding of no literal infringement. In Acme Highway Products Corp. v. D. S. Brown Co., 473 F. 2d 849, 850-51, 177 USPQ 130, 131 (CA 6 1973), cert. denied, 414 U.S. 824, 94 S.Ct. 125, 38 L.Ed.2d 57, 179 USPQ 321, the court stated: In determining whether a patent has been infringed by an accused device, two tests must be applied. The first determination to be made is whether there is literal infringement of the pat…

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