· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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