Legal Opinion
Smith-Corona Marchant Inc. v. American Photocopy Equipment Co.
District Court, S.D. New York
Decided December 28, 1962PublishedCited by 10 opinions
1Opinion of the Court
McLEAN, District Judge.
Count I of the complaint in this action seeks a declaratory judgment decreeing that the “Eisbein patent for developing apparatus” owned by defendant is invalid, and that the diffusion transfer photocopy machines made and sold by plaintiff do not infringe it. Defendant has moved to dismiss Count I on the grounds (a) that the court lacks jurisdiction over the subject matter, and (b) that the complaint fails to state a claim upon which relief can be granted. Defendant has moved under Rule 12(b) on the face of the complaint and has also moved for summary judgment under Rule…
2Cases cited13 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Frederick Hart & Co. v. Recordgraph CorporationCourt of Appeals for the Third Circuit · 1948
- Dewey & Almy Chemical Co. v. American Anode, Inc.Court of Appeals for the Third Circuit · 1943
- Treemond Co. v. Schering CorporationCourt of Appeals for the Third Circuit · 1941
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- G. Heileman Brewing Company, Inc., and Miller Brewing Company, Cross-Appellants v. Anheuser-Busch, Inc., Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1989
- Xerox Corporation v. Dennison Manufacturing CompanyDistrict Court, S.D. New York · 1971
- M. L. Lee & Co. v. American Cardboard & Packaging Corp.District Court, E.D. Pennsylvania · 1964
- Miller v. Bargain City, U.S.A., Inc.District Court, E.D. Pennsylvania · 1964
- Thiokol Chemical Corp. v. Burlington Industries, Inc.District Court, D. Delaware · 1970
5 more not listed; retrieve them via the Exa API.