(DOWNLOAD) "International Harvester Co. v. Deere & Co." by Seventh Circuit United States Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: International Harvester Co. v. Deere & Co.
- Author : Seventh Circuit United States Court of Appeals
- Release Date : January 12, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Plaintiff International Harvester Company (IH) filed suit in the court below seeking a declaratory judgment that its CX-41 corn head does not infringe patent 3,589,110 held by defendant Deere & Company (Deere). The district court granted summary judgment in favor of IH on this claim. Deere appeals from this judgment, urging reversal on two grounds. First, Deere contends that the district court lacked subject matter jurisdiction because this action did not present an actual case or controversy. Second, Deere asserts that even if jurisdiction existed, reversal is warranted because genuine issues of material fact precluded entry of summary judgment. We conclude that the district court erred in denying Deeres motion to dismiss for lack of subject matter jurisdiction and we therefore vacate the district courts order and remand with instructions to dismiss IHs suit without prejudice.
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