Legal Opinion
Rhodes Pharmacal Co. v. Dolcin Corporation
District Court, S.D. New York
Decided June 2, 1950PublishedCited by 8 opinions
1Opinion of the Court
IRVING R. KAUFMAN, District Judge.
Plaintiff has brought suit' in two counts against the defendant; the first count is for a declaratory judgment as to infringement and the validity of defendant’s patent No. 2,471,394; count II is for unfair competition. Defendant has moved to dismiss, and alternatively to strike certain portions from, both counts of the complaint, as-amended.
The motions to dismiss can be considered together. The defendant alleges that a justiciable controversy does not exist in count I to warrant a suit under the Declaratory Judgment Act, 28 U.S.C.A. §§ 2201, 2202, and that…
2Cases cited2 opinions
- Dewey & Almy Chemical Co. v. American Anode, Inc.Court of Appeals for the Third Circuit · 1943
- Aralac, Inc. v. Hat Corporation of AmericaCourt of Appeals for the Third Circuit · 1948
3Cited by8 opinions
- Paul A. Muller and Celfil Company Establishment v. Olin Mathieson Chemical CorporationCourt of Appeals for the Second Circuit · 1968
- Mull v. Colt Co.District Court, S.D. New York · 1962
- Wallace & Tiernan Inc. v. General Electric CompanyDistrict Court, S.D. New York · 1968
- Smith-Corona Marchant Inc. v. American Photocopy Equipment Co.District Court, S.D. New York · 1962
- Drew Chemical Company, 522 Fifth Avenue, New York, New York 10036 v. Hercules Incorporated, 380 Madison Avenue, New York, New York 10017Court of Appeals for the Second Circuit · 1969
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