Legal Opinion
The A. H. Emery Company v. Marcan Products Corporation, Marshall Control Products Corp., Hugh A. Mills, Ronald R. Marshall, and David E. Golding
Court of Appeals for the Second Circuit
Decided January 18, 1968No. 31684_1PublishedCited by 84 opinions
1Opinion of the Court
ANDERSON, Circuit Judge:
The complaint in this action charged the defendants with patent infringement and unfair competition. Federal jurisdiction was based on 28 U.S.C. § 1338(a) and (b). During pre-trial discovery it became apparent that the patent asserted in the suit was invalid but the defendants wanted the patent issue to remain in the case in order that judgment might be rendered on their counterclaim for invalidity. At the trial the plaintiff offered no evidence of infringement and at the end of its case the patent infringement claim was dismissed. The trial, which lasted some seven…
2Cases cited23 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Bell v. HoodSupreme Court of the United States · 1946
- Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1950
- Precision Instrument Manufacturing Co. v. Automotive Maintenance MacHinery Co.Supreme Court of the United States · 1945
- The Fair v. Kohler Die & Specialty Co.Supreme Court of the United States · 1913
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3Cited by84 opinions
- McGregor-Doniger Inc. v. Drizzle Inc.Court of Appeals for the Second Circuit · 1979
- Taco Cabana International, Inc. v. Two Pesos, Inc.Court of Appeals for the Fifth Circuit · 1991
- Mike's Train House, Inc. v. Lionel, L.L.C., Korea Brass and Yoo Chan YangCourt of Appeals for the Sixth Circuit · 2006
- Fed. Sec. L. Rep. P 94,365 Arthur Yale Kavit v. A. L. Stamm & Co., a Co Partnership, and Jack R. LevienCourt of Appeals for the Second Circuit · 1974
- Fitzgerald Publishing Co., Inc. v. Baylor Publishing Co., Inc.Court of Appeals for the Second Circuit · 1986
79 more not listed; retrieve them via the Exa API.