[DOWNLOAD] "Telephonics Corp. v. Lindly & Co." by United States Court Of Appeals Second Circuit # Book PDF Kindle ePub Free

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eBook details

• Title: Telephonics Corp. v. Lindly & Co.
• Author : United States Court Of Appeals Second Circuit
• Release Date : January 19, 1961
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

The full details of this forum-shopping contest may be found in the opinion of the district court reported in D.C.E.D.N.Y., 192 F.Supp. 407. For purposes of this appeal the following simplified account will suffice. On October 1, 1959, plaintiffs began this action for, inter alia, a declaratory judgment that defendants patent No. 2,878,395 was invalid and, in any case, not infringed by the plaintiffs. On October 6, 1959, plaintiffs amended their complaint to add a request that defendants newly filed patent No. 2,907,535 be similarly adjudged invalid. Prior to answering in this case, defendant, on May 20, 1960, brought an action in the District Court of the United States for the Middle District of North Carolina against Glen Raven Knitting Mills, Inc., a customer of plaintiffs, alleging infringement of defendants patent No. 2,907,535 and seeking an injunction prohibiting continued infringement. Glen Raven, which had an indemnity agreement with plaintiffs, then moved in North Carolina to stay the Glen Raven suit pending the outcome of the present action. This motion was denied without prejudice. Plaintiffs thereupon moved in the court below to enjoin further prosecution of the Glen Raven case in North Carolina, to add Glen Raven as a party plaintiff in the present action, and for certain other relief not here relevant. On January 10, 1961, the court granted the motion, and defendant appeals.

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