Legal Opinion
Fluid Systems, Inc. v. Great Lakes Equipment Co.
District Court, N.D. Ohio
Decided May 9, 1951No. Civ. A. No. 27090PublishedCited by 2 opinions
1Opinion of the Court
JONES, Chief Judge.
This is an action for alleged patent infringement. The defendant by its motion requests dismissal of the complaint and summary judgment in its favor under Rules 12 and 56, Fed.Rules Civ.Proc. 28 U.S.C.A. The grounds for the motion are (1) misuse of the patent rights by the plaintiff, (2) estoppel, and (3) invalidity of the patent in view of the prior art.
The court agrees with the defendant that the decided cases establish the principle that where a patent owner uses the patent to extend his monopoly to unpatented material, such practice constitutes an abuse and misuse of…
2Cases cited2 opinions
- Gray Tool Co. v. Humble Oil & Refining Co.Court of Appeals for the Fifth Circuit · 1951
- Paul E. Hawkinson Co. v. DennisCourt of Appeals for the Fifth Circuit · 1948
3Cited by2 opinions
- Assets Service Corp. v. United StatesUnited States Court of Claims · 1952
- Dunham-Bush, Inc. v. MillsDistrict Court, S.D. New York · 1976