Legal Opinion

Rota-Carb Corp. v. Frye Manufacturing Co.

District Court, S.D. Iowa

Decided July 18, 1961No. Civ. A. 3-835PublishedCited by 2 opinions

1Opinion of the Court

VAN PELT, Judge.

This is an action to enjoin infringement of a patent, Exhibit 1, issued February 12, 1957 to Bernard Harmon. Thereafter it was assigned by Harmon, to plaintiff corporation. No question is-raised by defendant as to the sufficiency of this assignment and the court will therefore consider that the proper parties plaintiff and defendant are before-the court. The court finds that there is-diversity of citizenship and that the court has jurisdiction of this case under-Title 28 U.S.C.A. 1338(a).

It was agreed at the pretrial conference that the issues were

a) the validity of the Harmon…

2Cases cited6 opinions

  1. Application of BisleyCourt of Customs and Patent Appeals · 1952
  2. In Re FridolphCourt of Customs and Patent Appeals · 1943
  3. Robert E. Caldwell, an Individual, and Caldwell Manufacturing Company, a Corporation v. Kirk Manufacturing Company, a CorporationCourt of Appeals for the Eighth Circuit · 1959
  4. In re DelanceyCourt of Customs and Patent Appeals · 1949
  5. Application of Bernard HarmonCourt of Customs and Patent Appeals · 1955

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3Cited by2 opinions

  1. L. S. Donaldson Company and G. Barr and Company v. La Maur, Inc., La Maur, Inc. v. G. Barr and CompanyCourt of Appeals for the Eighth Circuit · 1962
  2. Rota-Carb Corporation, a New York Corporation, and Bernard Harmon v. Frye Manufacturing Company, an Iowa CorporationCourt of Appeals for the Eighth Circuit · 1963

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