(Download) "Crosley Corp. v. Westinghouse Electric & Manufacturing Co." by United States Court of Appeals for the Third Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Crosley Corp. v. Westinghouse Electric & Manufacturing Co.
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 10, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Westinghouse has petitioned for rehearing for reasons which, with but one exception, were advanced by it upon the original argument and considered by us at that time. The one reason assigned which has novelty is based upon the assumption that a declaratory judgment suit may be brought against a patent owner wherever he may be found for purposes of service and that such an unrestricted choice of venue made available to an alleged infringer may lead to abuses as serious as those which the Declaratory Judgment Act, 28 U.S.C.A.400, has eliminated. Apparently the petitioner considers this an argument against the allowance of declaratory judgment suits and in favor of infringement suits. The declaratory judgment suit procedure as applied to patent litigation is now too well established to permit of such attack as this, however. Furthermore, the petitioners argument fails because the premise upon which it is based, namely, that a declaratory judgment suit may be brought against a patent owner wherever he may be found, is wholly incorrect.
 "Crosley Corp. v. Westinghouse Electric & Manufacturing Co." by United States Court of Appeals for the Third Circuit " eBook PDF Kindle ePub Free){kind=link}