Legal Opinion
Delco Chemicals, Inc. v. Cee-Bee Chemical Co.
District Court, S.D. California
Decided December 11, 1957No. Civ. No. 17387PublishedCited by 4 opinions
1Opinion of the Court
MATHES, District Judge.
Plaintiff brought this action for a declaration of invalidity and non-infringement as to United States Letters Patent No. 2,653,116. 28 U.S.C. §§ 1338(a), 2201. Defendant answered with a counterclaim for damages for alleged infringement. Plaintiff now moves for a summary judgment declaring the patent invalid. Fed.R.Civ.P., Rule 56, 28 U.S. C.A.
The motion is based upon the pleadings, various affidavits, a copy of the patent in suit, the “file wrapper”, and copies of various prior-art patents. Affidavits have been filed in opposition to the motion.
There is no issue of…
2Cases cited68 opinions
- Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
- Sartor v. Arkansas Natural Gas Corp.Supreme Court of the United States · 1944
- The Barbed Wire PatentSupreme Court of the United States · 1892
- Eibel Process Co. v. Minnesota & Ontario Paper Co.Supreme Court of the United States · 1923
- Sanitary Refrigerator Co. v. WintersSupreme Court of the United States · 1929
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3Cited by4 opinions
- Cee-Bee Chemical Co., Inc., a Corporation v. Delco Chemicals, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1959
- Rankin v. KingCourt of Appeals for the Ninth Circuit · 1959
- Adams v. Columbus Manufacturing Co.District Court, M.D. Georgia · 1958
- Rankin v. KingCourt of Appeals for the Ninth Circuit · 1959