Legal Opinion

Wallace Products, Inc. v. Falco Products, Inc., Charles Shore and Morton Shore

Court of Appeals for the Third Circuit

Decided March 29, 1957No. 12063_1PublishedCited by 7 opinions

1Per curiam

The appellee in this case moves to dismiss the appellants’ appeal for want of jurisdiction in this court. The plaintiff’s action in district court was for a declaratory judgment of invalidity and non-infringement by it of two patents owned by the defendant, Falco. The defendants moved to dismiss the complaint so far as it related to a patent numbered 2,743,979. The reason assigned for the motion was that there existed no actual controversy as to the patent just mentioned because, the motion said, plaintiff was never charged with infringement thereof. The district court denied the motion to…

2Cases cited3 opinions

  1. Morgenstern Chemical Co., Inc. v. Schering CorporationCourt of Appeals for the Third Circuit · 1950
  2. Eugene Cummings v. Redeeriaktieb TransatlanticCourt of Appeals for the Third Circuit · 1957
  3. Ritter v. Wyoga Gas & Oil Corp.Court of Appeals for the Third Circuit · 1940

3Cited by7 opinions

  1. Dave Fleischer, Individually and as Trustee in Dissolution of Fleischer Studios, Incorporated v. Louis Phillips (Phillips, Nizer, Benjamin & Krim)Court of Appeals for the Second Circuit · 1959
  2. United States v. New York, New Haven and Hartford Railroad Company, Tri-Continental Financial Corporation, A. C. Allyn and Company, Incorporated, American Transportation Enterprises, Inc., Equitable Securities Corporation, Carl M. Loeb, Rhoades & Co., the Robinson-Humphrey Company, Inc., and John W. Clarke & Co., Helene Glenmore v. John I. AhernCourt of Appeals for the Second Circuit · 1960
  3. Township of Bensalem v. American Fidelity Fire Insurance Co. v. Central Penn National Bank v. Alten, Eugene J., American Fidelity Fire Insurance CompanyCourt of Appeals for the Third Circuit · 1981
  4. Township of Bensalem v. American Fidelity Fire InsuranceCourt of Appeals for the Third Circuit · 1981
  5. Wallace Products, Inc. v. Falco Products, Inc.District Court, E.D. Pennsylvania · 1957

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