Legal Opinion
Dole Refrigerating Company v. Amerio Contact Plate Freezers, Inc
Court of Appeals for the Third Circuit
Decided April 16, 1959No. 12770PublishedCited by 20 opinions
1Opinion of the Court
GOODRICH, Circuit Judge.
This is a suit for patent infringement with the usual prayer for injunctive relief and an accounting. The defendant, in addition to attacking the validity of the patent, counterclaimed for unfair competition. The district court dismissed the plaintiff’s complaint and denied defendant’s damages claim for unfair competition. D.C.D.N.J.1958, 160 F.Supp. 281. Only the plaintiff has appealed.
The subject matter of this suit is Kleist Patent No. 2,436,389. It relates to freezing plates for commercial freezers used in the frozen food industry. Only one claim of the patent is…
2Cases cited4 opinions
- George W. Cornell and W. Elder Cornell, Jr. v. Adams Engineering Company, Inc.Court of Appeals for the Fifth Circuit · 1958
- Royal Patent Corp. v. Monarch Tool & Mfg. Co.Court of Appeals for the Sixth Circuit · 1953
- Richard A. Fisch and Anchor Plastics Co., Inc. v. William Gould, Doing Business as Stay-Rite Supply Co., and Keystone Plastics, Inc.Court of Appeals for the Third Circuit · 1957
- DOLE Refrigerating Co. v. Amerio Contact Plate Freezers, Inc.District Court, D. New Jersey · 1958
3Cited by20 opinions
- Philips Electronic and Pharmaceutical Industries Corp. v. Thermal and Electronics Industries, IncCourt of Appeals for the Third Circuit · 1971
- Hadco Products, Inc. v. Walter Kidde & CompanyCourt of Appeals for the Third Circuit · 1972
- Koehring Company v. ED Etnyre & CompanyDistrict Court, N.D. Illinois · 1966
- Scripto, Inc. v. Ferber CorporationCourt of Appeals for the Third Circuit · 1959
- Azoplate Corporation v. Silverlith, Inc.District Court, D. Delaware · 1973
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