Legal Opinion
Tank Insulation International, Incorporated v. Insultherm, Inc., Insultherm, Inc. Mark A. McBride Thermacon, Inc.
Court of Appeals for the Fifth Circuit
Decided January 29, 1997No. 96-40019PublishedCited by 37 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
This appeal presents the question whether a Sherman Act antitrust claim is a compulsory counterclaim in a patent infringement action. The district court concluded that the claim was a compulsory counterclaim and held that, because it was not raised in the prior infringement action, it was barred by Federal Rule of Civil Procedure 13(a). The district court, therefore, dismissed the antitrust complaint, and Tank Insulation International, Inc. (“Til”) appeals. We reverse the judgment of the district court.
I
In the fall of 1993, Insultherm, Inc. (“In-sultherm”) filed…
2Cases cited10 opinions
- Mercoid Corp. v. Mid-Continent Investment Co.Supreme Court of the United States · 1944
- Theresa Plant v. Blazer Financial Services, Inc. Of GeorgiaCourt of Appeals for the Fifth Circuit · 1979
- United States of America, Libelant-Appellant v. Eastport Steamship CorporationCourt of Appeals for the Second Circuit · 1958
- Hydranautics v. Filmtec CorporationCourt of Appeals for the Ninth Circuit · 1995
- Agrashell, Inc. v. Hammons Products CompanyCourt of Appeals for the Eighth Circuit · 1973
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3Cited by37 opinions
- Nobelpharma AB v. Implant Innovations, Inc.Court of Appeals for the Federal Circuit · 1998
- In Re EMC CorporationCourt of Appeals for the Federal Circuit · 2012
- Nobelpharma Ab v. Implant Innovations, Inc.Court of Appeals for the Federal Circuit · 1998
- Critical-Vac Filtration Corporation v. Minuteman International, Inc.Court of Appeals for the Second Circuit · 2000
- Boston Scientific Corp. v. Schneider (Europe) AGDistrict Court, D. Massachusetts · 1997
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