Legal Opinion

In Re Convertible Rowing Exerciser Patent Litigation

District Court, D. Delaware

Decided August 31, 1989No. Misc. 85-14PublishedCited by 3 opinions

1Opinion of the Court

OPINION

LONGOBARDI, Chief Judge.

This opinion addresses an issue of first impression raised in a summary judgment motion by Defendants Ajay Enterprises Corporation and Weslo, Inc. in a dispute involving the alleged validity and infringement of U.S. Patent No. 4,477,071 (the “ ’071 patent”). The ultimate determination of the issue may affect the emerging patent litigation strategy of “testing the water” on patent validity, enforceability and infringement issues 1 before the International Trade Commission (“ITC”). The precise question before the Court is whether the determination of the ITC…

2Cases cited21 opinions

  1. Allen v. McCurrySupreme Court of the United States · 1980
  2. Montana v. United StatesSupreme Court of the United States · 1979
  3. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  4. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  5. United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966

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3Cited by3 opinions

  1. In Re Convertible Rowing Exerciser Patent LitigationDistrict Court, D. Delaware · 1993
  2. Baltimore Luggage Co. v. Samsonite Corp.District Court, D. Maryland · 1989
  3. Code Alarm, Inc. v. Directed Electronics, Inc.District Court, E.D. Michigan · 1996

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