In re Multidistrict Patent Infringement Litigation Involving the Eisler Patents

Judicial Panel on Multidistrict Litigation

In re Multidistrict Patent Infringement Litigation Involving the Eisler Patents

297 F. Supp. 1034, 1968 U.S. Dist. LEXIS 12369

United States Judicial Panel on Multidistrict Litigation·Decided September 17, 1968·No. No. 1·Published

Opinion

OPINION AND ORDER

ALFRED P. MURRAH, Chairman.

This cause came on for consideration on August 8, 1968, pursuant to Panel order on the Motion of TECHNO-GRAPH, INC. to transfer all pending and related actions listed in the appended Schedule A

Footnotes

* to the Northern District of Illinois for purposes of pretrial discovery under Section 1407, Title 28, United States Code.

It appears that on the 8th day of August, 1968, the Honorable Peirson M. Hall of the Central District of California, before whom all cases listed in the schedule as pending in the Central District of California, entered an order dismissing all such pending cases except Nos. 66-1991, Cohu Electronics, Inc. and No. 62-1656 — Hoffman Electronics Corp., and that these latter cases are now being actively litigated.

From argument of counsel and a consideration of all of the submitted facts and circumstances, the Panel is of the opinion that no useful purpose contemplated by Section 1407 would be served by the transfer of any of the pending cases to any other district.

It is therefore ordered that the motion to transfer the cases to the Northern District of Illinois be denied.

It is further ordered that a copy of this Order be filed with the Clerks of the district courts in which all such cases are now pending.

[1035] APPENDIX

Schedule A

Action pending in the United States District Court for the Northern District of California at San Francisco

Defendant Docket Number

Systron-Donner Corporation 41242

Actions pending in the United States District Court for the Northern District of Illinois at Chicago

Defendant Docket Number

Methode Electronics, Inc. 67 C 1761

Automatic Electric Company 63 C 36

Webcor Electronics Incorporated 63 C 111

Croname, Incorporated 63 C 142

Actions pending in the United States District Court for the District of Maryland at Baltimore

Defendant Docket Number

Martin-Marietta Corporation 13358

Westinghouse Electric Corporation 14084

International Telephone & Telegraph Corporation McDonnell Aircraft Corporation 14299 14374

Actions pending in the United States District Court for the Southern and/or Central Districts of California at Los Angeles

Defendant Docket Number

Packard Bell Electronics Corp., et al. 62-1256 — PH

Hoffman Electronics Corp. 62- 1656 — PH

Beckman Instruments, Inc. 63- 14 — PH

Lockheed Aircraft Corp. 63-48-PH

Electronic Specialty Co. 63-76-PH

Northrop Corporation 63-85-PH

Bureau of Engraving, Inc., et al. 63-86-PH

Electronic Engineering Co. of California 63-108-PH

Consolidated Systems Corp. 63-109-PH

Cohu Electronics, Inc. 66-1991-PH

(2829-SD-K)

The Ryan Aeronautical Corp. 66-1992-PH

(2836-SD-K)

Non-Linear Systems, Inc. 66-1993-PH (2837-SD-K)

Cubic Corp. 66-1994-PH

(2839-SD — K)

Electralab Electronics Corp. 66-1995-PH

(2840-SD — K)

Weston Instruments, Inc. (Substituted for 66-1996-PH

Schlumberger Technology Corp.) (2844-SD-K)

See Appendix.

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OPINION AND ORDER

ALFRED P. MURRAH, Chairman.

This cause came on for consideration on August 8, 1968, pursuant to Panel order on the Motion of TECHNO-GRAPH, INC. to transfer all pending and related actions listed in the appended Schedule A

Footnotes

* to the Northern District of Illinois for purposes of pretrial discovery under Section 1407, Title 28, United States Code.

It appears that on the 8th day of August, 1968, the Honorable Peirson M. Hall of the Central District of California, before whom all cases listed in the schedule as pending in the Central District of California, entered an order dismissing all such pending cases except Nos. 66-1991, Cohu Electronics, Inc. and No. 62-1656 — Hoffman Electronics Corp., and that these latter cases are now being actively litigated.

From argument of counsel and a consideration of all of the submitted facts and circumstances, the Panel is of the opinion that no useful purpose contemplated by Section 1407 would be served by the transfer of any of the pending cases to any other district.

It is therefore ordered that the motion to transfer the cases to the Northern District of Illinois be denied.

It is further ordered that a copy of this Order be filed with the Clerks of the district courts in which all such cases are now pending.

[1035] APPENDIX

Schedule A

Action pending in the United States District Court for the Northern District of California at San Francisco

Defendant Docket Number

Systron-Donner Corporation 41242

Actions pending in the United States District Court for the Northern District of Illinois at Chicago

Defendant Docket Number

Methode Electronics, Inc. 67 C 1761

Automatic Electric Company 63 C 36

Webcor Electronics Incorporated 63 C 111

Croname, Incorporated 63 C 142

Actions pending in the United States District Court for the District of Maryland at Baltimore

Defendant Docket Number

Martin-Marietta Corporation 13358

Westinghouse Electric Corporation 14084

International Telephone & Telegraph Corporation McDonnell Aircraft Corporation 14299 14374

Actions pending in the United States District Court for the Southern and/or Central Districts of California at Los Angeles

Defendant Docket Number

Packard Bell Electronics Corp., et al. 62-1256 — PH

Hoffman Electronics Corp. 62- 1656 — PH

Beckman Instruments, Inc. 63- 14 — PH

Lockheed Aircraft Corp. 63-48-PH

Electronic Specialty Co. 63-76-PH

Northrop Corporation 63-85-PH

Bureau of Engraving, Inc., et al. 63-86-PH

Electronic Engineering Co. of California 63-108-PH

Consolidated Systems Corp. 63-109-PH

Cohu Electronics, Inc. 66-1991-PH

(2829-SD-K)

The Ryan Aeronautical Corp. 66-1992-PH

(2836-SD-K)

Non-Linear Systems, Inc. 66-1993-PH (2837-SD-K)

Cubic Corp. 66-1994-PH

(2839-SD — K)

Electralab Electronics Corp. 66-1995-PH

(2840-SD — K)

Weston Instruments, Inc. (Substituted for 66-1996-PH

Schlumberger Technology Corp.) (2844-SD-K)

See Appendix.

In re Multidistrict Patent Infringement Litigation Involving the Eisler Patents, 297 F. Supp. 1034, 1968 U.S. Dist. LEXIS 12369 (jpml 1968).

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