Legal Opinion
Arvin Industries, Inc. v. Berns Air King Corporation
Court of Appeals for the Seventh Circuit
Decided February 13, 1975No. 74--1078PublishedCited by 27 opinions
1Opinion of the Court
TONE, Circuit Judge.
The single question we reach in this opinion is whether there is federal jurisdiction under 28 U.S.C. § 1338(a) over an action by a patent licensor against his licensee for infringement, when the license agreement is shown by the complaint to be in effect and the wrongful conduct alleged is refusal to pay royalties.
A prior action between the parties for infringement of the same patent was settled by the entry of a consent decree and the execution of a license agreement authorizing defendant to make and sell heaters embodying the invention and obligating defendant to pay…
2Cases cited19 opinions
- Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
- Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
- The Fair v. Kohler Die & Specialty Co.Supreme Court of the United States · 1913
- American Well Works Company v. Layne and Bowler CompanySupreme Court of the United States · 1916
- T. B. Harms Company v. Edward Eliscu and Ross Jungnickel, Inc.Court of Appeals for the Second Circuit · 1964
14 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- The Aro Corporation v. Allied Witan CompanyCourt of Appeals for the Sixth Circuit · 1976
- Senza-Gel Corporation, Appellants/cross-Appellees v. John B. Seiffhart, Goehring Meat, Inc., and Ohi, Inc., Appellees/crossCourt of Appeals for the Federal Circuit · 1986
- Warner-Jenkinson Company, and H. Kohnstamm & Company, Inc., Plaintiffs v. Allied Chemical CorporationCourt of Appeals for the Second Circuit · 1977
- Deere & Company, Plaintiff-Appellee/cross-Appellant v. International Harvester Company, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Federal Circuit · 1983
- Fairfax Countywide Citizens Ass'n v. County of FairfaxCourt of Appeals for the Fourth Circuit · 1978
22 more not listed; retrieve them via the Exa API.