Hollywood Associates, Inc. v. Morris

S.D. New York

Hollywood Associates, Inc. v. Morris

13 F.R.D. 141, 94 U.S.P.Q. (BNA) 326, 1952 U.S. Dist. LEXIS 3552

CourtDistrict Court, S.D. New York

DecidedJuly 9, 1952

StatusPublished

Cited by1 cases

This text of 13 F.R.D. 141 (Hollywood Associates, Inc. v. Morris) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hollywood Associates, Inc. v. Morris, 13 F.R.D. 141, 94 U.S.P.Q. (BNA) 326, 1952 U.S. Dist. LEXIS 3552 (S.D.N.Y. 1952).

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Opinion

EDELSTEIN, District Judge.

In this action for a declaratory judgment on a patent matter, the defendant has moved to dismiss upon the ground that there is no controversy between plaintiff and defendant. While not specifically labeled, the motion is one under Rule 12(b) (1) of the Federal Rules of Civil Procedure, 28 U.S.C.A., based upon a lack of jurisdiction over the subject matter. The existence of an actual controversy is necessary to establish jurisdiction under the Federal Declaratory Judgment Act, 28 U. S.C.A. §§ 2201, 2202, and this motion is an appropriate manner to challenge the allegations of jurisdictional fact. The jurisdictional facts having been so challenged, the plaintiff must support them by competent proof, McNutt v. General Motors Acceptance Corporation, 298 U.S. 178, 56 S. Ct. 780, 80 L.Ed. 1135; KVOS, Inc. v. Associated Press, 299 U.S. 269, 57 S.Ct. 197, 81 L.Ed. 183, which may be submitted under Rule 43(e).

Both parties have submitted affidavits and certain supporting exhibits. Plaintiff’s affidavit sets forth several specific examples of the defendant’s threats of infringement suits against the former’s customers, and further indicates the fact that the plaintiff did exist and have customers at the time in question. Defendant’s affidavits are largely on information and belief and are not worthy of weighty consideration as contradictory of the plaintiff’s proof. Accordingly, I find that the plaintiff has sustained his burden of establishing the existence of an actual controversy between the parties, and the defendant’s motion will be denied.

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EDELSTEIN, District Judge.

In this action for a declaratory judgment on a patent matter, the defendant has moved to dismiss upon the ground that there is no controversy between plaintiff and defendant. While not specifically labeled, the motion is one under Rule 12(b) (1) of the Federal Rules of Civil Procedure, 28 U.S.C.A., based upon a lack of jurisdiction over the subject matter. The existence of an actual controversy is necessary to establish jurisdiction under the Federal Declaratory Judgment Act, 28 U. S.C.A. §§ 2201, 2202, and this motion is an appropriate manner to challenge the allegations of jurisdictional fact. The jurisdictional facts having been so challenged, the plaintiff must support them by competent proof, McNutt v. General Motors Acceptance Corporation, 298 U.S. 178, 56 S. Ct. 780, 80 L.Ed. 1135; KVOS, Inc. v. Associated Press, 299 U.S. 269, 57 S.Ct. 197, 81 L.Ed. 183, which may be submitted under Rule 43(e).

Both parties have submitted affidavits and certain supporting exhibits. Plaintiff’s affidavit sets forth several specific examples of the defendant’s threats of infringement suits against the former’s customers, and further indicates the fact that the plaintiff did exist and have customers at the time in question. Defendant’s affidavits are largely on information and belief and are not worthy of weighty consideration as contradictory of the plaintiff’s proof. Accordingly, I find that the plaintiff has sustained his burden of establishing the existence of an actual controversy between the parties, and the defendant’s motion will be denied.

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Bluebook (online)

13 F.R.D. 141, 94 U.S.P.Q. (BNA) 326, 1952 U.S. Dist. LEXIS 3552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollywood-associates-inc-v-morris-nysd-1952.

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