Legal Opinion
Apex Hosiery Co. v. Knitting Machines Corp.
District Court, D. Delaware
Decided April 20, 1950No. Civ. A. No. 1205PublishedCited by 3 opinions
1Opinion of the Court
RODNEY, District Judge.
The question in the present case is whether a patentee, by the mere fact of bringing a patent infringement suit in Massachusetts against a user of machinery, has made such a threat or established such a controversy as to the patents involved in the machines as to enable another user of the same machines in a different district to maintain an action for a declaratory judgment as to the validity of the patents.
The defendant, Knitting Machines Corporation, a Delaware corporation, is the owner of five certain patents, termed the Miller patents, having to do with machines…
2Cases cited7 opinions
- Bruszewski v. United StatesCourt of Appeals for the Third Circuit · 1950
- Dewey & Almy Chemical Co. v. American Anode, Inc.Court of Appeals for the Third Circuit · 1943
- Federal Telephone & Radio Corp. v. Associated Telephone & Telegraph Co.Court of Appeals for the Third Circuit · 1948
- Chicago Pneumatic Tool Co. v. Hughes Tool Co.District Court, D. Delaware · 1945
- Chicago Pneumatic Tool Co. v. Hughes Tool Co.Court of Appeals for the Third Circuit · 1946
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3Cited by3 opinions
- Smith-Corona Marchant Inc. v. American Photocopy Equipment Co.District Court, S.D. New York · 1962
- Newell v. O. A. Newton & Son Co.District Court, D. Delaware · 1950
- Central Hide & Rendering Co. v. B-M-K Corp.District Court, D. Delaware · 1956