Legal Opinion
Kleinman v. Betty Dain Creations, Inc.
Court of Appeals for the Second Circuit
Decided May 17, 1951No. 21965_1PublishedCited by 23 opinions
1Opinion of the Court
AUGUSTUS N. HAND, Circuit Judge.
The complaint herein sets forth two causes of action, one for infringement of Patent No. 2,422,834 issued to the plaintiff on an application filed in January 1947, and one for breach of a contract to pay the plaintiff for use of the patented article. Judge Rif-kind dismissed the complaint, finding the patent not infringed and invalid for want of invention and finding no jurisdiction over the second cause of action, there being no diversity of citizenship between the parties.
The appeal from the decision holding the patent void for lack of invention and not…
2Cases cited31 opinions
- Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
- Hurn v. OurslerSupreme Court of the United States · 1933
- Jungersen v. Ostby & Barton Co.Supreme Court of the United States · 1949
- Jordine v. WallingCourt of Appeals for the Third Circuit · 1950
- Geneva Furniture Manufacturing Co. v. S. Karpen & Bros.Supreme Court of the United States · 1915
26 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
- Harry A. Pursche v. Atlas Scraper and Engineering Co., a Corporation, Atlas Scraper and Engineering Co., a Corporation v. Harry A. PurscheCourt of Appeals for the Ninth Circuit · 1962
- Schreyer v. Casco Products Corp.Court of Appeals for the Second Circuit · 1951
- John P. O'Brien v. Westinghouse Electric CorporationCourt of Appeals for the Third Circuit · 1961
- Telechron, Inc. v. ParissiCourt of Appeals for the Second Circuit · 1952
18 more not listed; retrieve them via the Exa API.