Legal Opinion

Sundstrand Corporation v. American Brake Shoe Company

Court of Appeals for the Seventh Circuit

Decided April 16, 1963No. 13919PublishedCited by 12 opinions

1Opinion of the Court

SWYGERT, Circuit Judge.

The principal question is whether a patent owner who has sued a customer of an alleged infringing manufacturer may be required to involuntarily litigate his action against the customer in a subsequently filed declaratory judgment action initiated by the manufacturer against the patent owner by the court, sitting in another district, having jurisdiction of the later filed declaratory judgment action.

To show the facts as succinctly and understandably as possible a diagrammatic presentation may be more helpful than a recital.

This was the posture of the three suits on July…

2Cases cited3 opinions

  1. Kerotest Manufacturing Co. v. C-O-Two Fire Equipment Co.Supreme Court of the United States · 1952
  2. Birdsell v. ShaliolSupreme Court of the United States · 1884
  3. Minnesota Mining and Manufacturing Company v. Polychrome CorporationCourt of Appeals for the Seventh Circuit · 1959

3Cited by12 opinions

  1. Pacesetter Systems, Inc. v. Medtronic, Inc. And Med Rel Inc.Court of Appeals for the Ninth Circuit · 1982
  2. William Gluckin & Co., Inc. v. International Playtex CorporationCourt of Appeals for the Second Circuit · 1969
  3. Sweetheart Plastics, Inc. v. Illinois Tool Works, Inc.District Court, S.D. New York · 1967
  4. Naxon Telesign Corp. v. GTE Information Systems, Inc.District Court, N.D. Illinois · 1980
  5. In Re Vencor, Inc.United States Bankruptcy Court, D. Delaware · 2002

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API