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· 7/18/1996

Gaf Building Materials Corporation v. Elk Corporation of Dallas

Citations

  • 90 F.3d 479
  • 39 U.S.P.Q. 2d (BNA) 1463
  • 1996 U.S. App. LEXIS 17595
  • 1996 WL 403178

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that the proper focus in determining jurisdiction is on “the facts existing at the time the complaint under consideration was filed”
  • holding that no case or controversy exists unless patent has issued prior to filing suit
  • recognizing that the proper focus in determining jurisdiction is on “the facts existing at the time the complaint under consideration was filed”
  • finding “actual controversy” for declaratory relief over infringement dispute concerning laminated asphalt shingle in a patent application that received a Notice of Allowance from PTO
  • affirming lower court’s dismissal for lack of subject-matter jurisdiction because “there was no jurisdiction when [plaintiff] filed its original complaint”
  • affirming dismissal for lack of jurisdiction because, although plaintiff amended its complaint, “there was no jurisdiction when [plaintiff] filed its original complaint”

Source: CourtListener parenthetical corpus (CC0).

Judges: Plager, Lourie, Bryson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.