Boutell v. Volk
United States Court of Appeals for the Tenth Circuit
449 F.2d 673, 171 U.S.P.Q. 668 (1971)
- Written by Eric Miller, JD
Facts
Carl Miler (plaintiff) secured a patent on a kind of wheel-assembly combination for roller coasters. W. G. Boutell (plaintiff) initiated an action in federal district court, seeking declaratory judgment that the Miler patent was invalid. The patent was found to be valid, and the case ended in a settlement in which Boutell became a licensee of Miler. Boutell and Miler later brought an infringement action against Warren Volk, who had no involvement in the previous case. The court found in favor of Volk, holding that the Miler patent was invalid on the ground of obviousness. Boutell and Miler appealed, asserting that the determination of patent validity in the previous litigation should apply to the case against Volk.
Rule of Law
Issue
Holding and Reasoning (Doyle, J.)
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