Legal Opinion
American Type Founders, Inc. v. Dexter Folder Co.
District Court, S.D. New York
Decided August 30, 1946PublishedCited by 2 opinions
1Opinion of the Court
KENNEDY, District Judge.
This is an action under the Declaratory Judgments Act, Jud.Code, § 274d, 28 U.S.C. A. § 400. The plaintiff is a New Jersey Corporation which manufactures and sells a paper feeding machine as part of a press unit sold under the trade name and trade mark “Kelly Clipper.”
There is a real controversy concerning the validity of three patents owned and controlled by the defendants, the plaintiff claiming that these patents are either invalid, or not infringed by its machine.
Defendant Dexter Folder Company is the owner of the right, title and interest in one of the patents…
2Cases cited4 opinions
- Eibel Process Co. v. Minnesota & Ontario Paper Co.Supreme Court of the United States · 1923
- General Electric Co. v. Wabash Appliance Corp.Supreme Court of the United States · 1938
- Permutit Co. v. Graver Corp.Supreme Court of the United States · 1931
- In re JenningsCourt of Customs and Patent Appeals · 1943
3Cited by2 opinions
- Georgia-Pacific Plywood Co. v. United States Plywood Corp.District Court, S.D. New York · 1956
- American Type Founders, Inc. v. Dexter Folder Co.Court of Appeals for the Second Circuit · 1947