Legal Opinion

Foster Grant Co. v. Polymer Corp.

District Court, E.D. Pennsylvania

Decided July 26, 1960No. Civ. A. No. 27743PublishedCited by 3 opinions

1Opinion of the Court

CLARY, District Judge.

The motion of the defendants, The Polymer Corporation and Polymer Processes, Inc., to dismiss, Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., or for summary judgment in this action, Rule 56 of the Federal Rules of Civil Procedure, which seeks a declaratory judgment as to the invalidity or noninfringement of a number of patents owned by the defendant corporations, presents the often recurring problem of whether the defendants by any or all of their actions have in effect charged the plaintiff with infringement of their patents, so as to create a…

2Cases cited6 opinions

  1. Dewey & Almy Chemical Co. v. American Anode, Inc.Court of Appeals for the Third Circuit · 1943
  2. Treemond Co. v. Schering CorporationCourt of Appeals for the Third Circuit · 1941
  3. Simmonds Aerocessories, Limited, Appelant v. Elastic Stop Nut Corporation of AmericaCourt of Appeals for the Third Circuit · 1958
  4. Federal Telephone & Radio Corp. v. Associated Telephone & Telegraph Co.Court of Appeals for the Third Circuit · 1948
  5. A. Belanger & Sons, Inc. v. Brisk Waterproofing Co., Inc.District Court, D. Massachusetts · 1953

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Filtrol Corporation and Texaco, Inc. v. The Honorable Robert J. Kelleher, United States District JudgeCourt of Appeals for the Ninth Circuit · 1973
  2. Pennsalt Chemicals Corp. v. Dravo Corp.District Court, E.D. Pennsylvania · 1965
  3. McFarlane v. Resinite Corp.District Court, N.D. Illinois · 1967

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