Legal Opinion

Crosby Steam Gage & Valve Co. v. Manning, Maxwell & Moore, Inc.

District Court, D. Massachusetts

Decided October 4, 1943No. Civil Action 2267PublishedCited by 49 opinions

1Opinion of the Court

WYZANSKI, District Judge.

This is a motion by the Government to intervene in a patent litigation between two private parties. It raises a significant procedural question.

Plaintiff’s complaint is to this effect: As the owner of certain patents on valves, it entered into a license agreement with a third party to which the defendant succeeded. Under that agreement defendant is licensed to manufacture, sell and use the valves in the oil industry. Defendant is required by the agreement to pay royalties, make statements of royalties due and, what is now important, “not to sell * * * valves * * * at…

2Cases cited5 opinions

  1. Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
  2. Helvering v. DavisSupreme Court of the United States · 1937
  3. General Electric Co. v. Hygrade Sylvania CorporationDistrict Court, S.D. New York · 1942
  4. Woburn Decreasing Co. v. Spencer Kellogg & Sons, Inc.District Court, W.D. New York · 1943
  5. American Optical Co. v. New Jersey Optical CoDistrict Court, D. Massachusetts · 1943

3Cited by49 opinions

  1. Harry J. Stadin v. Union Electric CompanyCourt of Appeals for the Eighth Circuit · 1962
  2. Bush v. ViternaCourt of Appeals for the Fifth Circuit · 1984
  3. Shulman v. Goldman, Sachs & Co.District Court, S.D. New York · 1974
  4. State v. WeidnerAlaska Supreme Court · 1984
  5. The State of Illinois, Etc. v. Bristol-Myers Company, A. B. Finkel D/B/A Markus PharmacyCourt of Appeals for the D.C. Circuit · 1972

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