Legal Opinion

Lukens Steel Co. v. American Locomotive Co.

Court of Appeals for the Second Circuit

Decided July 1, 1952No. 219, Docket 22265PublishedCited by 36 opinions

1Opinion of the Court

SWAN, Chief Judge.

This is a patent infringement suit involving patent No. 2,078,056, issued April 20, 1937 to Everett Chapman and thereafter assigned to the plaintiff. In addition to the usual defenses of invalidity and non-infringement the defendant pleaded es-toppel, and by -counterclaim asserted that the patent was held upon a constructive trust. By agreement the issues raised by the estoppel defense and the counterclaim were tried in advance of the other issues. The defense of estoppel was sustained and a decree was entered dismissing both the complaint and the counterclaim. The plaintiff…

Also in this document: Concurrence.

2Cases cited19 opinions

  1. Menendez v. HoltSupreme Court of the United States · 1888
  2. Dickerson v. ColgroveSupreme Court of the United States · 1880
  3. De Forest Radio Telephone Co. v. United StatesSupreme Court of the United States · 1927
  4. Gillons v. Shell Co. of CaliforniaCourt of Appeals for the Ninth Circuit · 1936
  5. A. R. Mosler & Co. v. LurieCourt of Appeals for the Second Circuit · 1913

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3Cited by36 opinions

  1. SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLCSupreme Court of the United States · 2017
  2. Hendrix Manufacturing Company, Inc. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1963
  3. Potash Co. of America v. International Minerals & Chemical Corp.Court of Appeals for the Tenth Circuit · 1954
  4. Vincent I. Whitman v. Walt Disney Productions, Inc., a Corporation Walter E. Disney, an Individual John Doe OneCourt of Appeals for the Ninth Circuit · 1958
  5. Flynn & Emrich Company v. Henry B. Greenwood and Greenwood Engineering Company, Inc.Court of Appeals for the Fourth Circuit · 1957

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

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