Legal Opinion

Zenith Radio Corp. v. Dictograph Products Co.

District Court, D. Delaware

Decided July 12, 1946No. Civ. A. No. 747PublishedCited by 1 opinion

1Opinion of the Court

LEAHY, District Judge.

1. On the facts alleged in the complaint and if the allegations are proven, there can be no doubt a justiciable controversy exists and a claim for relief has been stated. The only point left is whether this action should be restrained. To crystallize the issues further, the issues of non-infringement and validity of defendant’s patents directed at the “Zenith” hearing aids are the same in New York as here. But the question remains whether the present case and the New York case are between the same parties.

2. Ordinarily the court first acquiring jurisdiction of a…

2Cases cited7 opinions

Crosley Corporation v. Hazeltine CorporationCourt of Appeals for the Third Circuit · 1941
American Automobile Ins. Co. v. FreundtCourt of Appeals for the Seventh Circuit · 1939
Carbide & Carbon Chemicals Corp. v. United States Industrial Chemicals, Inc.Court of Appeals for the Fourth Circuit · 1944
Caterpillar Tractor Co. v. International Harvester Co.Court of Appeals for the Third Circuit · 1941
E. I. Du Pont De Nemours & Co. v. Sylvania Industrial Corp.Court of Appeals for the Fourth Circuit · 1941

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

Kerotest Mfg. Co. v. C-O-Two Fire Equipment Co.District Court, D. Delaware · 1950