Arkie Lures, Inc. v. Gene Larew Tackle, Inc.
United States Court of Appeals for the Federal Circuit
119 F.3d 953 (1997)
- Written by Eric Miller, JD
Facts
Gene Larew sought to make a fishing lure that would retain a salty taste for longer than other lures available at the time. Various people in Larew’s trade told him that such a lure was impossible because the presence of salt would undermine the strength and texture of the plastic material with which the lures were made. However, Larew succeeded in creating the lure, for which he obtained a patent in the name of Gene Larew Tackle, Inc. (Larew Tackle) (defendant). The lure proved commercially successful. A rival company, Arkie Lures, Inc. (plaintiff), sold a product that copied the Larew Tackle lure. Arkie Lures sought a declaratory judgment of invalidity of the Larew Tackle patent in federal district court. Two people from the fishing-lure industry who had expressed doubts as to the feasibility of the Larew Tackle lure testified on Larew Tackle’s behalf. The court granted summary judgment in favor of Arkie Lures on the ground that the Larew Tackle lure was not sufficiently different from the prior art and was therefore obvious. Larew Tackle appealed to the United States Court of Appeals for the Federal Circuit.
Rule of Law
Issue
Holding and Reasoning (Newman, J.)
Dissent (Michel, J.)
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