Legal Opinion
Caterpillar Tractor Co. v. International Harvester Co.
District Court, D. New Jersey
Decided March 9, 1940PublishedCited by 9 opinions
1Opinion of the Court
CLARK, District Judge.
There is an air of disturbing unreality about the case at bar. Plaintiff and defendant are rival tractor manufacturers. They have since January, 1931, disagreed over the infringement of certain of plaintiff’s patents by certain of defendant’s constructions. The dispute was and is genuine, but the same cannot be said for the manner of its litigation.
Fortuitously and in the spring of 1931, Reinharts, Inc., a small Nevada dealer, sold two tractors of defendant’s manufacture. It had never done so before, though such tractors (conveniently representative we may add — one…
2Cases cited17 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Kessler v. EldredSupreme Court of the United States · 1907
- Souffront v. La Compagnie Des Sucreries De Porto RicoSupreme Court of the United States · 1910
- General Chemical Co. v. Standard Wholesale Phosphate & Acid Works, Inc.Court of Appeals for the Fourth Circuit · 1939
- Kwik Set, Inc. v. Welch Grape Juice Co.Court of Appeals for the Second Circuit · 1936
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pierce v. American Communications Co.District Court, D. Massachusetts · 1953
- Salem Engineering Co. v. National Supply Co.District Court, W.D. Pennsylvania · 1948
- Yale & Towne Mfg. Co. v. Manning, Maxwell & Moore, Inc.District Court, S.D. New York · 1950
- Bryan W. Nickerson, Jr. v. Josef Kutschera, A. G. Berkinruth, the Tidewater Oil CompanyCourt of Appeals for the Third Circuit · 1969
- Bryan W. Nickerson, Jr. v. Josef Kutschera, A. G. Berkinruth, the Tidewater Oil CompanyCourt of Appeals for the Third Circuit · 1969
4 more not listed; retrieve them via the Exa API.