Legal Opinion

Doherty Research Co. v. Universal Oil Products Co.

Court of Appeals for the Seventh Circuit

Decided November 9, 1939No. 6820PublishedCited by 16 opinions

1Opinion of the Court

EVANS, Circuit Judge.

Plaintiff brought this suit to enjoin infringements of patents by it allegedly owned and to recover damages for past infringements.

Defendant denied plaintiff’s title to the patents and pleaded res adjudicata of this title issue.

The defense of res adjudicata was predicated upon the outcome of a suit on the same patents instituted by plaintiff in the United States District Court of Kansas, against another alleged infringer, to-wit, the Vickers Petroleum Company. There the defense of no title in plaintiff was interposed and sustained. This decree was, on appeal, affirmed.…

2Cases cited4 opinions

  1. David Bradley Manuf'g Co. v. Eagle Manuf'g Co.Court of Appeals for the Seventh Circuit · 1893
  2. Rumford Chemical Works v. Hygienic Chemical Co.Supreme Court of the United States · 1909
  3. Doherty Research Co. v. Vickers Petroleum Co.Court of Appeals for the Tenth Circuit · 1936
  4. General Electric Co. v. Morgan-Gardner Electric Co.Court of Appeals for the Seventh Circuit · 1908

3Cited by16 opinions

  1. Switzer Brothers, Inc. v. Chicago Cardboard Co., Harry P. Locklin and Elmer J. Brant, General Partners, D/B/A Radiant Color Company, Intervening and Counter-Plaintiffs v. Switzer Brothers, Inc., Robert C. Switzer and Joseph L. Switzer, Counter-DefendantsCourt of Appeals for the Seventh Circuit · 1958
  2. E. I. Du Pont De Nemours & Co. v. Sylvania Industrial Corp.Court of Appeals for the Fourth Circuit · 1941
  3. De Filippis v. Chrysler CorporationDistrict Court, S.D. New York · 1944
  4. Delamere Company v. Taylor-Bell Co.District Court, S.D. New York · 1961
  5. Mid-Continent Inv. Co. v. Mercoid CorporationCourt of Appeals for the Seventh Circuit · 1942

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