Legal Opinion
Automatic Paper Machinery Co. v. Marcalus Mfg. Co.
District Court, D. New Jersey
Decided January 12, 1944No. Civ. No. 2826PublishedCited by 4 opinions
1Opinion of the Court
SMITH, District Judge.
This is a civil action under the patent laws to enjoin the infringement of a patent and to compel an accounting for profits. The plaintiff is admittedly the owner of the patent in suit under an assignment by the defendant Nicholas Marcalus. The only issue raised in the pleadings of the respeptive parties is that of infringement.
The action is before the court at this time on a motion for summary judgment filed by the plaintiff pursuant to Rule 56 of the Rules of Civil Procedure, 28 U.S. C.A. following section 723c, and is submitted on the pleadings, affidavits,…
2Cases cited17 opinions
- Westinghouse Electric & Manufacturing Co. v. Formica Insulation Co.Supreme Court of the United States · 1924
- Casco Products Corporation v. Sinko Tool & Mfg. Co.Court of Appeals for the Seventh Circuit · 1940
- Dixie-Vortex Co. v. Paper Container Mfg. Co.Court of Appeals for the Seventh Circuit · 1942
- Stubnitz-Greene Spring Corp. v. Fort Pitt Bedding Co.Court of Appeals for the Sixth Circuit · 1940
- General Motors Co. v. Swan Carburetor Co.Court of Appeals for the Sixth Circuit · 1930
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3Cited by4 opinions
- Scott Paper Co. v. Marcalus Manufacturing Co.Supreme Court of the United States · 1945
- Automatic Paper Machinery Co. v. Marcalus Mfg. Co.Court of Appeals for the Third Circuit · 1945
- California Concrete Co. v. Beverly Hills Savings & Loan Ass'nCalifornia Court of Appeal · 1989
- Scott Paper Co. v. Marcalus Manufacturing Co.Supreme Court of the United States · 1945