Legal Opinion
Taylor Wine Co. v. Celmer
Court of Appeals for the Second Circuit
Decided July 18, 1968No. Nos. 439, 440, Dockets 32127, 32128PublishedCited by 2 opinions
1Opinion of the Court
HAYS, Circuit Judge:
The Talyor Wine Company, alleging that Ralph F. Celmer accused it of infringing a patent belonging to Celmer, brought an action seeking a declaratory judgment that either the patent was invalid or not infringed by Taylor. Thereafter, Ultimate Research and Development Corp., Celmer’s wholly owned corporation to which he had transferred the patent, instituted suit charging Taylor with infringement. The two actions were consolidated for trial. The district court decided that the patent was valid and not infringed. We reverse on the ground that the patent is invalid. 35 U.S.C.…
2Cases cited2 opinions
- Smith v. NicholsSupreme Court of the United States · 1875
- Pullman Incorporated v. Acf Industries IncorporatedCourt of Appeals for the Second Circuit · 1968
3Cited by2 opinions
- Julie Research Laboratories, Inc. v. Guildline Instruments, Inc., and Hallmark Standards, Inc.Court of Appeals for the Second Circuit · 1974
- The Taylor Wine Company, Inc., Plaintiff-Cross v. Ralph F. Celmer, Defendant-Cross Ultimate Research and Development Corp. v. The Taylor Wine Company, Inc.Court of Appeals for the Second Circuit · 1968