Legal Opinion
Ostby & Barton Co. v. Jungersen
District Court, D. New Jersey
Decided October 31, 1941No. Civ. 1438PublishedCited by 4 opinions
1Opinion of the Court
SMITH, District Judge.
This suit, which arises under the patent laws, was instituted pursuant to and in accordance with the provisions of the Declaratory Judgment Act, 28 U.S.C.A. § 400. The issues are those usually arising in a suit for patent infringement, to wit, validity and infringement. The plaintiff seeks a declaratory judgment on the said issues. The defendant moves to dismiss the complaint on the ground that the allegations thereof do not present an actual controversy within the meaning of the said act.
The plaintiff is, and has been, engaged in the manufacture and sale of jewelry.…
2Cases cited37 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Russell v. PlaceSupreme Court of the United States · 1877
- Sanitary Refrigerator Co. v. WintersSupreme Court of the United States · 1929
- I. T. S. Rubber Co. v. Essex Rubber Co.Supreme Court of the United States · 1926
- Triplett v. LowellSupreme Court of the United States · 1936
32 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hartley Pen Co. v. Lindy Pen Co.District Court, S.D. California · 1954
- Salem Engineering Co. v. National Supply Co.District Court, W.D. Pennsylvania · 1948
- Benz v. J. Laskin & Sons Corp.District Court, E.D. Wisconsin · 1942
- Industrial Models Corp. v. KurtzDistrict Court, E.D. Michigan · 1950