Legal Opinion
Foster Wheeler Corp. v. Babcock & Wilcox Co.
District Court, S.D. New York
Decided September 27, 1977No. 76 Civ. 1224 (WCC)PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
CONNER, District Judge.
This action, for a declaratory judgment that U.S. patents Nos. 3,834,358 and 3,927,-646 owned by defendant Babcock & Wilcox Co. (B & W) are invalid and not infringed by any steam generators which plaintiff Poster-Wheeler Corporation (FWC) has contracted to construct, is before the Court on a welter of motions:
1. The motion of B & W:(a) for a partial summary judgment that five steam generators which FWC has contracted to construct are subject to a Settlement Agreement dated September 26, 1973 by which B & W covenanted not to sue FWC for infringement…
2Cases cited17 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Walker Process Equipment, Inc. v. Food MacHinery & Chemical Corp.Supreme Court of the United States · 1965
- Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
- Middle Atlantic Utilities Co. v. S. M. W. Development Corp.Court of Appeals for the Second Circuit · 1968
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
- Duling v. Gristede's Operating Corp.District Court, S.D. New York · 2010
- Kamakazi Music Corp. v. Robbins Music Corp.District Court, S.D. New York · 1981
- Lemelson v. Synergistics Research Corp.District Court, S.D. New York · 1981
- Lemelson v. Synergistics Research Corp.District Court, S.D. New York · 1987
2 more not listed; retrieve them via the Exa API.