Legal Opinion
Gaf Building Materials Corporation v. Elk Corporation of Dallas
Court of Appeals for the Federal Circuit
Decided July 18, 1996No. 95-1549PublishedCited by 90 opinions
1Opinion of the Court
LOURIE, Circuit Judge.
GAF Building Materials Corporation appeals from the decision of the United States District Court for the Northern District of Texas dismissing its declaratory judgment action for lack of subject matter jurisdiction. GAF Bldg. Materials Corp. v. Elk Corp., No. 3:94-2517 (N.D.Tex. Aug. 29,1995). Because no actual case or controversy existed when GAF filed its action, we affirm.
BACKGROUND
In October 1993, Elk Corporation of Dallas received a Notice of Allowance from the United States Patent and Trademark Office (“PTO”) for its pending design patent application directed to a…
2Cases cited10 opinions
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