Legal Opinion

In Re Multidistrict Litigation Involving Butterfield Patent Infringement

United States Judicial Panel on Multidistrict Litigation

Decided February 2, 1970No. 29PublishedCited by 10 opinions

1Opinion of the Court

OPINION AND ORDER

JOSEPH S. LORD, III, Judge of the Panel.

This litigation involves the Butterfield Patent No. 2,544,246. There are presently pending 32 actions seeking damages for infringement in 18 different districts and plaintiff has moved under Title 28 U.S.C. Section 1407 for transfer and consolidation of pretrial proceedings. There seems to be little doubt that several questions of fact are common to all the lawsuits. The issues of the scope of the patent, and its validity, including questions of obviousness, invention, prior art and commercial success are undoubtedly common to all…

2Cases cited4 opinions

  1. In Re Plumbing Fixture CasesUnited States Judicial Panel on Multidistrict Litigation · 1968
  2. In Re Protection Devices & Equipment & Central Station Protection Service Antitrust CasesUnited States Judicial Panel on Multidistrict Litigation · 1968
  3. In Re Grain ShipmentsUnited States Judicial Panel on Multidistrict Litigation · 1969
  4. In Re Multidistrict Civil Actions Involving Fourth Class Postage RegulationsUnited States Judicial Panel on Multidistrict Litigation · 1969

3Cited by10 opinions

  1. In Re Yarn Processing Patent Validity LitigationUnited States Judicial Panel on Multidistrict Litigation · 1972
  2. Faigenbaum MacHinery, Inc. v. Scott & Williams, Inc.District Court, S.D. New York · 1972
  3. In Re Government Auto Fleet SalesUnited States Judicial Panel on Multidistrict Litigation · 1971
  4. In Re Holiday Magic Securities & Antitrust LitigationUnited States Judicial Panel on Multidistrict Litigation · 1973
  5. In Re Grand Funk Railroad Trademark LitigationUnited States Judicial Panel on Multidistrict Litigation · 1974

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