Legal Opinion
NewRiver, Inc. v. NEWKIRK PRODUCTS, INC.
District Court, D. Massachusetts
Decided December 16, 2009No. Civil Action 06-12146-WGYPublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OF DECISION AND ORDER
YOUNG, District Judge.
“The forms of action we have buried,” wrote the great legal historian Frederick W. Maitland. “But,” he added, “they still rule us from their graves.” 1
This case illustrates that, despite the unequivocal command of Federal Rule of Civil Procedure 2 that “there is one form of action — the civil action,” there is, for good or ill, another — the patent case.
I. INTRODUCTION AND PROCEDURAL HISTORY
The plaintiff NewRiver, Inc. (“NewRiver”) brought a patent infringement and breach of contract action against the defendant Newkirk Products, Inc.…
2Cases cited44 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
- Edward H. Phillips v. Awh Corporation, Hopeman Brothers, Inc., and Lofton Corporation, Defendants-CrossCourt of Appeals for the Federal Circuit · 2006
- Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
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3Cited by6 opinions
- In re Nexium (Esomeprazole) Antitrust LitigationDistrict Court, D. Massachusetts · 2014
- Rothschild v. Cree, Inc.District Court, D. Massachusetts · 2010
- Ambit Corp. v. Delta Airlines, Inc.District Court, D. Massachusetts · 2010
- Aspex Eyewear, Inc. v. Altair Eyewear, Inc.District Court, D. Massachusetts · 2011
- Romag Fasteners, Inc. v. Fossil, Inc.District Court, D. Connecticut · 2013
1 more not listed; retrieve them via the Exa API.