· 8/10/1988
Speedco, Incorporated v. Donald Estes
Citations
- 853 F.2d 909
- 7 U.S.P.Q. 2d (BNA) 1637
- 1988 U.S. App. LEXIS 10952
- 1988 WL 82161
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- court lacked jurisdiction where declaratory-judgment plaintiff could only be sued for breach of contract, not for patent infringement
- a plaintiff “would not need to prove as an element of his well-pled contract claim that [his] patent is valid”
- “[T]he statutory limitations on the jurisdiction of this court and the federal district courts, in conjunction with the well-pleaded complaint rule, can and do result in state courts resolving patent issues.”
- “[S]tatutory limitations on the jurisdiction of . . . the federal district courts, in conjunction with the well- pleaded complaint rule, can and do result in state courts resolving patent issues.”
- “[T]he statutory limitations on the jurisdiction of this court and the federal district courts, in conjunction with the well-pleaded complaint rule, can and do result in state courts resolving patent issues.”
- “[I]f, but for the availability of the declaratory judgment procedure, the federal claim would arise only as a defense to a state created action, jurisdiction is lacking.” (quoting Franchise Tax Bd., 463 U.S. at 16)
Source: CourtListener parenthetical corpus (CC0).
Judges: Bissell, Michel, Cowen
Read full opinion on CourtListenerSourced 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.