Legal Opinion
Cover v. Schwartz
Court of Appeals for the Second Circuit
Decided June 10, 1940No. 367PublishedCited by 14 opinions
1Opinion of the Court
PATTERSON, Circuit Judge.
The plaintiff brought suit for patent infringement in the usual form, and issue was joined. Some two years later the defendant asked that trial be stayed until determination by the Court of Customs and Patent Appeals of interference proceedings pending in that court between the plaintiff and the defendant relative to the same patent. The district court granted such a stay, and the plaintiff appealed.
The order staying the trial was obviously not a “final decision” appealable under section 128 of the Judicial Code, 28 U.S.C. § 225, 28 U.S.C.A. § 225. The plaintiff…
2Cases cited2 opinions
- Enelow v. New York Life InsuranceSupreme Court of the United States · 1935
- Shanferoke Coal & Supply Corp. v. Westchester Service Corp.Supreme Court of the United States · 1935
3Cited by14 opinions
- Dowling Bros. Distilling Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1946
- George M. Day, Administrator Ad Litem of the Estate of Charles A. De Priest, Deceased v. The Pennsylvania Railroad CompanyCourt of Appeals for the Third Circuit · 1957
- Research Corporation v. Radio Corporation of AmericaDistrict Court, D. Delaware · 1960
- United Gas Pipe Line Company v. Tyler Gas Service CompanyCourt of Appeals for the Fifth Circuit · 1957
- Beckhardt v. National Power & Light Co.Court of Appeals for the Second Circuit · 1947
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