Legal Opinion

Lanova Corp. v. Atlas Imperial Diesel Engine Co.

Superior Court of Delaware

Decided January 28, 1949No. Nos. 75 and 184PublishedCited by 21 opinions

1Opinion of the CourtCarey, J.

The motion for a stay of the present proceedings is predicated upon the defendant’s argument that a decision by the Federal Court declaring the patents invalid will • render moot the issues in the present suits. It suggests that the cancellation of the patents will mean that they are and were void ad initia and that not only would this defendant be thereby excused from making any further royalty payments, but also would it be entitled to recover any payments it has made in the past. As authority for this contention, the defendant refers to the case of Hartford-Empire Co. *596v. Shawkee Mfg. Co.,…

2Cases cited7 opinions

  1. Landis v. North American Co.Supreme Court of the United States · 1936
  2. Dolbeer v. . StoutNew York Court of Appeals · 1893
  3. Hartford-Empire Co. v. Shawkee Mfg. Co.Court of Appeals for the Third Circuit · 1947
  4. Chadwick v. GillCourt of Chancery of Delaware · 1928
  5. Simon v. Pyrites Co.Superior Court of Delaware · 1925

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. McWane Cast Iron Pipe Corp. v. McDowell-Wellman Engineering Co.Supreme Court of Delaware · 1970
  2. General Foods Corporation v. Cryo-Maid, Inc.Supreme Court of Delaware · 1964
  3. General Foods Corp. v. Cryo-Maid, Inc.Court of Chancery of Delaware · 1964
  4. Winsor v. United Air Lines, Inc.Superior Court of Delaware · 1958
  5. Hanby v. Maryland Casualty CompanySupreme Court of Delaware · 1970

16 more not listed; retrieve them via the Exa API.

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