Legal Opinion
Sims v. MacK Trucks, Inc.
District Court, E.D. Pennsylvania
Decided February 19, 1976No. Civ. A. 75-985PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM
JOSEPH S. LORD, III, Chief Judge.
Defendant has moved to dismiss this patent infringement action for lack of an indispensable party pursuant to Fed.Rule Civ.Pro. 19(b). In its motion, defendant alleges that plaintiffs are not the legal titleholders of the patent in question, having sold it to Beta Corporation. Defendant argues that under 35 U.S.C. § 281, 1 only the legal titleholder may bring a suit for infringement of the patent and that, therefore, we must dismiss this action. We agree.
In their complaint, plaintiffs allege that they are the owners of United States Patent No.…
2Cases cited5 opinions
- Crown Die & Tool Co. v. Nye Tool & MacHine WorksSupreme Court of the United States · 1923
- Scooper Dooper, Inc. v. Kraftco Corp.Court of Appeals for the Third Circuit · 1974
- Agrashell, Inc. v. Hammons Products CompanyCourt of Appeals for the Eighth Circuit · 1965
- Merck & Co. v. SmithCourt of Appeals for the Third Circuit · 1958
- John Tuman & Sons, Inc. v. BasseCourt of Appeals for the Second Circuit · 1940
3Cited by8 opinions
- Arachnid, Inc., Plaintiff/cross-Appellant v. Merit Industries, Inc.Court of Appeals for the Federal Circuit · 1991
- Circle Industries, Division of Nastasi-White, Inc. v. City Federal Savings BankDistrict Court, E.D. New York · 1990
- John R. Willingham, Star Cutter Company, Joined as v. Norman B. Lawton, and Star Cutter Company, PartyCourt of Appeals for the Sixth Circuit · 1977
- Anderson v. HallDistrict Court, District of Columbia · 1991
- International Society for Krishna Consciousness of Western Pennsylvania, Inc. v. Stadium AuthorityDistrict Court, W.D. Pennsylvania · 1979
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