Legal Opinion

Solo Cup Company v. Paper MacHinery Corporation

District Court, E.D. Wisconsin

Decided January 14, 1965No. 58-C-138PublishedCited by 20 opinions

1Opinion of the Court

TEHAN, Chief Judge.

This is an action in two counts (1) for patent infringement, and, (2) for unfair competition.

In Count 1 of the amended complaint, plaintiff seeks an accounting of the profits made by defendants as a result of the alleged infringement of Patent No. 2,321,-407, and damages. Since the patent in suit has expired no injunctive relief is sought in this count. Jurisdiction of the cause of action arises under Title 35 U.S.C. § 281, and jurisdiction is conferred by Title 28 U.S.C. § 1338(a).

In Count 2 of the amended complaint, plaintiff also seeks an accounting and damages and an…

2Cases cited17 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. AO Smith Corporation v. Petroleum Iron Works Co.Court of Appeals for the Sixth Circuit · 1934
  3. Metallizing Engineering Co. v. Kenyon Bearing & Auto Parts Co.Court of Appeals for the Second Circuit · 1946
  4. David Atlas v. Eastern Air Lines, IncorporatedCourt of Appeals for the First Circuit · 1962
  5. Robert C. Watson, Commissioner of Patents v. Thomas J. AllenCourt of Appeals for the D.C. Circuit · 1958

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

3Cited by20 opinions

  1. National Rejectors, Inc. v. TriemanSupreme Court of Missouri · 1966
  2. In Re Yarn Processing Patent Validity Litigation. Sauquoit Fibers Company v. Leesona Corporation, Kayser-Roth Corporation (In Its Own Name and D/B/A Kayser-Roth Hosiery Companyand Kayser-Roth Hosiery Co., Inc.) v. Leesona Corporation, Leesona Corporation v. The Duplan CorporationCourt of Appeals for the Fifth Circuit · 1974
  3. USM Corp. v. Marson Fastener Corp.Massachusetts Supreme Judicial Court · 1979
  4. Koehring Company v. National Automatic Tool Company, Inc.Court of Appeals for the Seventh Circuit · 1966
  5. Thomas E. Pickering v. Orval Holman, Thomas E. Pickering v. Orval HolmanCourt of Appeals for the Ninth Circuit · 1972

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

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