Legal Opinion
Higgins, Inc. v. Kiekhaefer Corp.
District Court, E.D. Wisconsin
Decided October 27, 1965No. 63-C-247PublishedCited by 5 opinions
1Opinion of the Court
GRUBB, District Judge.
This is an action for infringement of letters patent. Defendant has moved to dismiss the claim as to Dugas Patent No. 2,206,771 as being barred under the statute of limitations and that relating to Dugas Patent No. 2,552,001 for lack of title and failure to join an indispensable party.
Statute of Limitations
Dugas Patent No. 2,206,771 issued on July 2, 1940 and expired on July 2, 1957, on which date the actionable period of infringement also terminated. The ap*611plicable statute of limitations, Section 286 of Title 35 U.S.C.A. provides that no recovery may be had for…
2Cases cited5 opinions
- Goldlawr, Inc. v. HeimanSupreme Court of the United States · 1962
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Green v. WalshDistrict Court, E.D. Wisconsin · 1957
- Seismograph Service Corp. v. Offshore Raydist, Inc.Court of Appeals for the Fifth Circuit · 1958
- Jepco Corp. v. GreeneDistrict Court, S.D. New York · 1959
3Cited by5 opinions
- Galuppi v. VieleDistrict Court of Appeal of Florida · 1970
- Ebrahimi v. EF Hutton & Co., Inc.Colorado Court of Appeals · 1989
- American Household Products, Inc. v. Evans Manufacturing, Inc.District Court, N.D. Alabama · 2001
- Berry v. Michigan Bell Telephone Co.District Court, E.D. Michigan · 1967
- Cape Ann Investors, LLC v. LeponeDistrict Court, D. Massachusetts · 2001