Legal Opinion
Olympia Werke Aktiengesellschaft v. General Electric Co.
District Court, W.D. Virginia
Decided April 4, 1979No. Civ. A. 77-0069-RPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
TURK, Chief Judge.
This case is before the court at this time on defendant’s motion for summary judgment. The motion is predicated on the equitable defense of laches. After careful examination of the arguments of counsel and the exhibits contained in the record, the court is of the opinion that the motion should be denied and a separate trial be had on the issue of laches.
The critical issue raised by the motion appears to be the degree of knowledge held by the relevant officials of Olympia and the duty of inquiry created thereby. Actual knowledge that another is infringing…
2Cases cited18 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Morton Salt Co. v. G. S. Suppiger Co.Supreme Court of the United States · 1942
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Evelyn Edmondson Bland v. Norfolk and Southern Railroad Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1969
- Chandon Champagne Corp. v. San Marino Wine Corp.Court of Appeals for the Second Circuit · 1964
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3Cited by4 opinions
- Olympia Werke Aktiengesellschaft v. General Electric CompanyCourt of Appeals for the Fourth Circuit · 1983
- Olympia Werke Aktiengesellschaft v. General Electric Co.District Court, W.D. Virginia · 1982
- Chubb Integrated Systems, Inc. v. National Bank of WashingtonDistrict Court, District of Columbia · 1987
- Thomas v. Turner (In Re Turner)United States Bankruptcy Court, N.D. Georgia · 1981