Legal Opinion
Sherwood Medical Industries, Inc. v. Deknatel, Inc.
Court of Appeals for the Eighth Circuit
Decided March 25, 1975No. 74-1693PublishedCited by 46 opinions
1Opinion of the Court
ROSS, Circuit Judge.
Sherwood Medical Industries, Inc. (Sherwood) brought this action against Deknatel, Inc., seeking a declaratory judgment that certain patents held by Deknatel are invalid, unenforceable and not infringed by Sherwood. The district court 1 found that there was no “actual controversy” between the parties as required by the Declaratory Judgment Act, 28 U.S.C. § 2201, and granted a summary judgment for Deknatel dismissing the cause for lack of jurisdiction. This appeal followed.
The complaint, affidavits and depositions which were before the court on the motion to dismiss 2…
2Cases cited16 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Aetna Casualty & Surety Co. v. QuarlesCourt of Appeals for the Fourth Circuit · 1937
- Dewey & Almy Chemical Co. v. American Anode, Inc.Court of Appeals for the Third Circuit · 1943
- Japan Gas Lighter Association v. Ronson Corp.District Court, D. New Jersey · 1966
11 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Clarence E. Bennett v. Kenneth Berg, Dan R. Sandford, Jr. v. Kenneth BergCourt of Appeals for the Eighth Circuit · 1982
- Grafon Corporation v. Elmer P. Hausermann and Marten C. HausermannCourt of Appeals for the Seventh Circuit · 1979
- James B. Stanley v. Central Intelligence Agency United States Department of Defense U.S. ArmyCourt of Appeals for the Fifth Circuit · 1981
- Societe De Conditionnement en Aluminium v. Hunter Engineering Co., Inc.Court of Appeals for the Ninth Circuit · 1981
- International Harvester Company v. Deere & CompanyCourt of Appeals for the Seventh Circuit · 1980
41 more not listed; retrieve them via the Exa API.