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· 8/19/1981

Societe De Conditionnement en Aluminium v. Hunter Engineering Co., Inc.

Citations

  • 655 F.2d 938

How courts have described this case

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

  • stating that a declaratory-relief action “brings to the present a litigable controversy, which otherwise might only be tried in the future”
  • holding requisite case or controversy existed at time plaintiff filed 4 || complaint for declaratory relief, where defendant had earlier threatened plaintiff with 5 || lawsuit if plaintiff did not accede to defendant's demands
  • showing of apprehension \need not be substantial\ if an allegedly infringing mark is in use
  • finding a case or controversy where declaratory relief plaintiff had “real and reasonable apprehension” of future suit
  • threat of suit by defendant for patent infringement established prima facie case or controversy
  • question of authority not important because focus is on plaintiff’s reasonable apprehension, not on patentee’s conduct

Source: CourtListener parenthetical corpus (CC0).

Judges: Choy, Wallace, Hanson

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.