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STOCKTON WIRE PRODUCTS, INC. v. K-LATH CORPORATION

No. 24681.

440 F.2d 782 (1971)

STOCKTON WIRE PRODUCTS, INC., et al., Appellants, v. K-LATH CORPORATION, Appellee.

United States Court of Appeals, Ninth Circuit.

April 8, 1971.

Attorney(s) appearing for the Case

Ford Harris, Jr. (argued), of Harris, Kiech, Russell & Kern, Los Angeles, Cal., for appellant.

R. Douglas Lyon (argued), of Lyon & Lyon, Los Angeles, Cal., for appellee.

Before: CHAMBERS and KOELSCH, Circuit Judges, and FREY, District Judge.

PER CURIAM:

Plaintiffs appeal from a summary judgment dismissing their patent infringement suit on the grounds that claims one and four of their Patent No. 3,175,330 were obvious as a matter of law and hence invalid.

This court has often cautioned that relatively rare is the suit in which summary judgment is warranted; and the observation is especially relevant to litigation involving patentability of a mechanical device. Northrop Architectural Systems, a...

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