Legal Opinion

Muehleisen v. Pierce

District Court, S.D. California

Decided August 5, 1953No. 13688PublishedCited by 1 opinion

1Opinion of the Court

HARRISON, District Judge.

This is a declaratory judgment action1, wherein the plaintiffs are seeking to invalidate U. S. Patent No. 2,501,962 issued to defendant Harold Ladd Pierce on March 28, 1950 under an application filed May 16, 1947. The defendant has filed a counterclaim alleging infringement. Inasmuch as I feel that the plaintiffs should prevail, the counterclaim naturally falls by the wayside.

As there are no jurisdictional questions involved, I can pass directly to the patent in suit. The patent “relates to methods and apparatus for expanding rock or earthy materials having a heat…

2Cases cited7 opinions

  1. Funk Bros. Seed Co. v. Kalo Inoculant Co.Supreme Court of the United States · 1948
  2. Paramount Publix Corp. v. American Triergon Corp.Supreme Court of the United States · 1935
  3. Pennsylvania Railroad v. Locomotive Engine Safety Truck Co.Supreme Court of the United States · 1884
  4. Dow Chemical Co. v. Halliburton Oil Well Cementing Co.Supreme Court of the United States · 1945
  5. Kwik Set, Inc. v. Welch Grape Juice Co.Court of Appeals for the Second Circuit · 1936

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3Cited by1 opinion

  1. Armour Pharmaceutical Company, a Delaware Corporation v. Richardson-Merrell, Inc., a Delaware Ware CorporationCourt of Appeals for the Third Circuit · 1968

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