Arey v. Goodyear Tire & Rubber Co.

N.D. Ohio

Arey v. Goodyear Tire & Rubber Co.

11 F.R.D. 209, 88 U.S.P.Q. (BNA) 347, 1951 U.S. Dist. LEXIS 3516

CourtDistrict Court, N.D. Ohio

DecidedJanuary 29, 1951

DocketCiv. No. 25038

StatusPublished

This text of 11 F.R.D. 209 (Arey v. Goodyear Tire & Rubber Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arey v. Goodyear Tire & Rubber Co., 11 F.R.D. 209, 88 U.S.P.Q. (BNA) 347, 1951 U.S. Dist. LEXIS 3516 (N.D. Ohio 1951).

Pincite

Opinion

JONES, Chief Judge.

This is a patent infringement action brought by the owner of the patent. The exclusive licensee of the patent refuses to join as plaintiff and plaintiff now moves to add the licensee as party defendant.

It would appear that the exclusive licensee is a necessary and indispensible party to this action. Since it refuses to join, the licensee may be made a defendant in the action. Fed.Rules Civ.Proc. rule K>, 28 U.S.C.A.

Motion will be sustained.

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JONES, Chief Judge.

This is a patent infringement action brought by the owner of the patent. The exclusive licensee of the patent refuses to join as plaintiff and plaintiff now moves to add the licensee as party defendant.

It would appear that the exclusive licensee is a necessary and indispensible party to this action. Since it refuses to join, the licensee may be made a defendant in the action. Fed.Rules Civ.Proc. rule K>, 28 U.S.C.A.

Motion will be sustained.

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Bluebook (online)

11 F.R.D. 209, 88 U.S.P.Q. (BNA) 347, 1951 U.S. Dist. LEXIS 3516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arey-v-goodyear-tire-rubber-co-ohnd-1951.