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· 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 CourtListener

Sourced 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.