Legal Opinion
Vermont Structural Slate Company, Inc. v. Tatko Brothers Slate Company, Inc.
Court of Appeals for the Second Circuit
Decided May 8, 1956No. 313, Docket 23886PublishedCited by 85 opinions
1Opinion of the Court
FRANK, Circuit Judge.
This is a suit for a declaratory judgment declaring defendant’s patent invalid. The judge entered judgment for plaintiff, and defendant appeals. The facts are amply stated in the opinion of Judge Foley, reported in D.C., 134 F.Supp. 4. We agree with his conclusion.
Summary judgment represents a most useful legal invention to save time and expense, by the avoidance of a trial, when there exist no material fact-issues. It may well be that, in a patent case, a judge should exercise unusual caution in granting a summary judgment. But there are patent cases where it would be an…
2Cases cited10 opinions
- Jungersen v. Ostby & Barton Co.Supreme Court of the United States · 1949
- Dean A. Lyon v. Bausch & Lomb Optical Co.Court of Appeals for the Second Circuit · 1955
- Park-In-Theatres, Inc. v. PerkinsCourt of Appeals for the Ninth Circuit · 1951
- General Motors Corp. v. Estate Stove Co.Court of Appeals for the Sixth Circuit · 1953
- Stanley Works v. Rockwell Mfg. Co.Court of Appeals for the Third Circuit · 1953
5 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Klein v. TabatchnickCourt of Appeals for the Second Circuit · 1979
- Pahuta v. Massey-Ferguson, Inc.Court of Appeals for the Second Circuit · 1999
- Brooks Walker v. General Motors Corporation and Les Vogel Chevrolet CompanyCourt of Appeals for the Ninth Circuit · 1966
- Inglett & Company, Inc. v. Everglades Fertilizer Company, Inc.Court of Appeals for the Fifth Circuit · 1958
- Anthony J. Cali v. Eastern Airlines, Inc.Court of Appeals for the Second Circuit · 1971
80 more not listed; retrieve them via the Exa API.