Legal Opinion

Chemical Const. Corp. v. Niagara Research Corp.

District Court, W.D. New York

Decided October 23, 1950No. Civ. A. No. 4198Published

1Opinion of the Court

KNIGHT, Chief Judge.

This is an action for a judgment declaring United States patent 2,459,764 invalid and void and that plaintiffs have not' infringed its claims. Defendant counterclaims against plaintiff National Lead Company, alleging infringement and demanding an injunction, accounting and costs.

Plaintiff Chemical Construction Corporation is a Delaware corporation. Plaintiff National Lead Company is a New Jersey corporation. Defendant is a New York corporation, having its principal office at Buffalo in this District.

The patent is entitled “Purification of Native Sulfur”, was applied for…

2Cases cited14 opinions

  1. Holland Furniture Co. v. Perkins Glue Co.Supreme Court of the United States · 1928
  2. Toledo Rex Sprat Co. v. California Spray Chemical Co.Court of Appeals for the Sixth Circuit · 1920
  3. Tropic-Aire, Inc. v. Cullen-Thompson Motor Co.Court of Appeals for the Tenth Circuit · 1939
  4. McElrath v. Industrial Rayon Corp.Court of Appeals for the Fourth Circuit · 1941
  5. Butler Mfg. Co. v. Enterprise Cleaning Co.Court of Appeals for the Eighth Circuit · 1936

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