Legal Opinion

Simmons Fastener Corp. v. Illinois Tool Works, Inc.

District Court, N.D. New York

Decided April 4, 1983No. 80-CV-468PublishedCited by 3 opinions

1Opinion of the Court

McCURN, District Judge.

MEMORANDUM-DECISION & ORDER

The plaintiff, Simmons Fastener Corporation (“Simmons”), brought this action against defendant Illinois Tool Works (“ITW”), for a judgment declaring that United States Patent No. 3,802,476, entitled “Screw Anchor”, and naming James E. Hoadley as its inventor, (“the Hoadley Patent”) is invalid, not infringed, and not enforceable against Simmons. ITW, the owner of the patent by virtue of an assignment from Hoadley, has counterclaimed, charging Simmons with wilful infringement. Jurisdiction of the Court is based on 28 U.S.C. Sec. 1338 relating to…

2Cases cited34 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  3. South Corporation and Seal Fleet, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1982
  4. Anderson's-Black Rock, Inc. v. Pavement Salvage Co.Supreme Court of the United States · 1969
  5. Sakraida v. Ag Pro, Inc.Supreme Court of the United States · 1976

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3Cited by3 opinions

  1. Simmons Fastener Corporation v. Illinois Tool Works, Inc.Court of Appeals for the Federal Circuit · 1984
  2. Simmons Fastener Corp. v. Illinois Tool Works, Inc.District Court, N.D. New York · 1987
  3. Simmons Fastener Corp. v. Illinois Tool Works, Inc.District Court, N.D. New York · 1986

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