Legal Opinion
Milton G. Waldbaum Company v. Roberts Dairy Company
District Court, D. Nebraska
Decided February 8, 1971No. Civ. 03479PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM
RICHARD E. ROBINSON, Chief Judge.
This matter comes before the Court on the motion of defendant to dismiss [Filing #7] and on the motion of plaintiff to join an additional party defendant [Filing #13].
In his amended petition plaintiff seeks a declaratory judgment that United States Letters Patent Nos. 3,093,487 and 3,113,872 [hereinafter these patents will be referred to respectively as Patent ’487 and Patent ’872] have not been infringed by plaintiff and are invalid and are not enforceable and further a finding that defendant is guilty of patent misuse. Jurisdiction is founded on 28…
2Cases cited14 opinions
- International Salt Co. v. United StatesSupreme Court of the United States · 1947
- Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
- Aetna Casualty & Surety Co. v. QuarlesCourt of Appeals for the Fourth Circuit · 1937
- Automatic Radio Mfg. Co., Inc. v. Hazeltine Research, IncSupreme Court of the United States · 1950
- Hiland Dairy, Inc., Reiss Dairy, Inc., and Sunny Hill Farms Dairy Company, Inc. v. The Kroger CompanyCourt of Appeals for the Eighth Circuit · 1968
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3Cited by2 opinions
- Volkswagenwerk, A. G. v. Watson Ex Rel. WatsonIndiana Court of Appeals · 1979
- Leeward Petroleum, Ltd. v. Mene Grande Oil Co.District Court, D. Delaware · 1976