· 3/21/1927
Everett Fruit Products Co. v. Hoffman
Citations
- 18 F.2d 21
- 1927 U.S. App. LEXIS 1866
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the prevailing party determination should be a matter of Federal Circuit law to promote uniformity in the patent law context, but that regional circuit law governed the review of a district court’s decision to award costs
- determining that a single definition of prevailing party in patent cases promotes uniformity
- determining party who has a competitor’s patent declared invalid satisfies the prevailing party test, despite not receiving any of the monetary damages claimed
- deposition transcripts were necessarily obtained for case because at times they were taken “deponents were potential trial witnesses”
- the plaintiff was the prevailing party when the adverse patent was invalidated, although federal and state law claims were lost and no damages were awarded
- deposition transcripts were necessarily obtained for case because at times they were taken \deponents were potential trial witnesses\
Source: CourtListener parenthetical corpus (CC0).
Judges: Dietrich, Gilbert, Rudkin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.