Legal Opinion
Halm Instrument Co. v. Sigma Engineering Service, Inc.
District Court, W.D. Pennsylvania
Decided April 25, 1967No. Civ. A. No. 98-66 EriePublishedCited by 3 opinions
1Opinion of the Court
WILLSON, District Judge.
MEMORANDUM ON MOTIONS TO DISMISS AND TO AMEND COUNTERCLAIM
This civil action is before the Court on two motions filed by the defendant. The first is a motion to dismiss. The second is a motion to amend the answer by striking out the counterclaim for patent infringement and substituting in lieu thereof a counterclaim for royalties.
In its complaint plaintiff says this is an action seeking a declaratory judgment of patent invalidity and non-infringement and arises under the Patent Laws, Title 35 U.S.C., and jurisdiction and venue are founded upon Title 28 U.S.C. §§…
2Cases cited6 opinions
- Great Lakes Rubber Corporation v. Herbert Cooper Co., IncCourt of Appeals for the Third Circuit · 1961
- St. Paul Plow Works v. StarlingSupreme Court of the United States · 1891
- Tate v. Baltimore & O. R.Court of Appeals for the Fourth Circuit · 1915
- N. S. W. Co. v. Wholesale Lumber & Millwork, Inc.Court of Appeals for the Sixth Circuit · 1941
- Hall Laboratories, Incorporated, the Buromin Company, Calgon, Incorporated, and Hagan Corporation v. National Aluminate CorporationCourt of Appeals for the Third Circuit · 1955
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3Cited by3 opinions
- Murray v. MANSHEIMSouth Dakota Supreme Court · 2010
- City of Parkersburg v. Turner Construction Co.District Court, N.D. West Virginia · 1977
- Murray v. MANSHEIMSouth Dakota Supreme Court · 2010