Legal Opinion

Carborundum Co. v. Wilbanks, Inc.

District Court, D. Oregon

Decided August 26, 1968No. Civ. No. 65-416PublishedCited by 1 opinion

1Opinion of the Court

OPINION

KILKENNY, District Judge:

This is an action prosecuted by plaintiff against defendant for infringement of what is here called the Gould Patent, No. 3,067,816. Plaintiff is a Delaware corporation. Defendant is an Oregon corporation.

The Gould Patent was issued on December 11, 1962, on an application filed by William E. Gould. Plaintiff is now and has been since the issuance of the patent, the owner thereof. Jurisdiction is grounded on 28 U.S.C. § 1338(a). Defendant has no license from the plaintiff under the patent. Indeed, plaintiff and defendant are competitors in the business of…

2Cases cited19 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Diamond Rubber Co. of New York v. Consolidated Rubber Tire Co.Supreme Court of the United States · 1911
  3. Cuno Engineering Corp. v. Automatic Devices Corp.Supreme Court of the United States · 1942
  4. Topliff v. TopliffSupreme Court of the United States · 1892
  5. Hotchkiss v. GreenwoodSupreme Court of the United States · 1851

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3Cited by1 opinion

  1. Brown v. ClarkeDistrict Court, W.D. Virginia · 2022

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