Legal Opinion
Frilette v. Kimberlin
Court of Appeals for the Third Circuit
Decided December 16, 1974No. Nos. 73-1622, 73-1635 and 73-1695PublishedCited by 25 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
To “bite the bullet” is an old phrase currently enjoying a revival in popularity. It aptly describes our action in these appeals as/we overrule our prior holding in In re Natta, 388 F.2d 215 (3d Cir. 1968), which erroneously gave a broad interpretation to 35 U.S.C. § 24 (1952)^ It is our conclusion that the statute does not grant broad discovery authorization to the district courts in patent interference cases but limits ancillary jurisdiction to the issuance of subpoenasi as permitted by prior practice.
These two appeals were argued together, and, while…
2Cases cited13 opinions
- McSparran v. WeistCourt of Appeals for the Third Circuit · 1968
- Natta v. HoganCourt of Appeals for the Tenth Circuit · 1968
- Local 342, United Automobile, Aerospace & Agricultural Implement Workers v. TRW, Inc.Supreme Court of the United States · 1969
- In Re Natta, Movant in the United States Patent Office Before the Examiner of Interferences, Interference No. 89634. Hogan v. Zletz v. Baxter v. Natta E. I. Dupont De Nemours & Co.Court of Appeals for the Third Circuit · 1968
- Giulio Natta, (Appellees in No. 16003) v. Alex Zletz and Standard Oil Company of Indiana, (Appellants in No. 16003)Court of Appeals for the Seventh Circuit · 1967
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Joe R. Brown v. Britt O. Braddick, Joe R. Brown v. Britt O. BraddickCourt of Appeals for the Fifth Circuit · 1979
- Citizens Awareness Network, Inc. v. United StatesCourt of Appeals for the First Circuit · 2004
- Rosenruist-Gestao E Servicos LDA v. Virgin Enterprises Ltd.Court of Appeals for the Fourth Circuit · 2007
- Abbott Laboratories v. Cordis CorporationCourt of Appeals for the Federal Circuit · 2013
- El Encanto, Inc. v. Hatch Chile Company, Inc.Court of Appeals for the Tenth Circuit · 2016
20 more not listed; retrieve them via the Exa API.