Tapco Products Co. v. Van Mark Products Corp., 71-2058.
Decision Date | 22 June 1972 |
Docket Number | No. 71-2058.,71-2058. |
Parties | TAPCO PRODUCTS COMPANY, Plaintiff-Appellant, v. VAN MARK PRODUCTS CORPORATION and Eugene Van Cleave, Defendants-Appellees. |
Court | U.S. Court of Appeals — Sixth Circuit |
William H. Francis, Detroit, Mich., John M. Kisselle, Basil C. Foussianes, Barnes, Kisselle, Raisch, & Choate, Detroit, Mich., on brief, for plaintiff-appellant.
Hiram P. Settle, Jr., Detroit, Mich., Bernard J. Cantor, Daniel G. Cullen, Richard D. Grauer, Cullen, Settle, Sloman & Cantor, Detroit, Mich., on brief, for defendants-appellees.
Before WEICK, PECK and McCREE, Circuit Judges.
In the previous appeal of this case, we held:
The fact of the matter is that the accused brakes were copied from the Marsh patent and were substantially identical with it.
The District Court, upon remand, issued an injunction on October 1, 1971, enjoining the persons named therein from making, using and selling said accused brakes.
Thereafter, on October 21, 1971, the District Court modified the injunction by holding in effect that the accused brakes did not infringe the Marsh patent. The Order of the District Court was not consistent with the mandate heretofore issued by this Court but conflicted therewith and the District Court was without jurisdiction to modify or change the mandate. The District Court was also without jurisdiction to conduct proceedings after the case had been appealed.
The order of the District Court dated October 21, 1971 is vacated and the cause is remanded with direction to adjudge that Claim 7 of the Marsh patent No. 3,161,223 is valid and infringed by the accused brakes exemplified by Exhibit PX-4 of the original trial, and to reinstate the injunction of October 1, 1971 with respect to said accused brakes, and further enjoin said persons described in the injunction order from questioning the validity or infringement of said patent with respect to the accused brakes. It is further ordered that the District Court determine all damages to which the plaintiff may be entitled under 35 U.S.C. § 284 and...
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United States v. Richardson
...265 (6th Cir. 1999). Indeed, a district court is "without jurisdiction to modify or change the mandate." Tapco Prods. Co. v. Van Mark Prods. Corp ., 466 F.2d 109, 110 (6th Cir. 1972). Remands can be limited or general, although courts operate under the rebuttable presumption that a remand i......
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Rochow v. Life Ins. Co. of N. Am., 12–2074.
...(collecting cases). See alsoWright & Miller, Federal Practice and Procedure § 4478.3 (2d ed.2013). In Tapco Products Company v. Van Mark Products Corp., 466 F.2d 109, 110 (6th Cir.1972), this Court held that the district court was “without jurisdiction” to take an action inconsistent with t......
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United States v. Richardson, s. 17-2157/2183
...263, 265 (6th Cir. 1999). And a district court is "without jurisdiction to modify or change the mandate." Tapco Prod. Co. v. Van Mark Prod. Corp ., 466 F.2d 109, 110 (6th Cir. 1972). Remands can be limited or general. A limited remand "explicitly outline[s] the issues to be addressed by the......