462 F.2d 628 - Schnitger v. Canoga Electronics Corp. — 462 F.2d 628

How this case has been cited

Cited by 21 later decisions — most recently August 2010

9 federal appellate · 1 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1A. W. Schnitger, Garden Grove,' Cal., for plaintiff-appellant.

¶2Carlos Solis, Alfred E. Augustini, of Kindel & Anderson, Los Angeles, Cal., for defendant-appellee.

¶3Before BROWNING, HUFSTEDLER and WRIGHT, Circuit Judges.

¶4PER CURIAM:

¶5Schnitger appeals from a district court order dismissing his complaint for declaratory relief against Canoga Electronics Corporation. We affirm.

¶6Canoga’s subsidiary, Scanbe Manufacturing Corporation, produces electrical circuit board files pursuant to Patent Re. 25,595. Scanbe obtained a judicial decision in 1966 that the patent was valid and that William Tryon, d/b./a Tryon Components Company, was infringing it by making and selling printed circuit card holders and card holder assemblies. The court enjoined Tryon from future infringement.

¶7Schnitger wants to purchase the circuit board files from Tryon, which cannot sell to him because of the 1966 injunction. Hence Schnitger brought this declaratory judgment action seeking a judicial ruling that the Scanbe patent is invalid and that Tryon can sell it despite the 1966 judgment.

¶8Although the district court did not specify the reasons for its dismissal, it appears from the record that Schnitger is in privity with Tryon. The 1966 judgment is res judicata as to Tryon and those who obtain the infringing product from him. Ransburg Electro-Coating Corp. v. Williams, 246 F.Supp. 626 (W.D.Ark.1965). That judgment provides a complete defense to Schnit-ger’s declaratory judgment action, and the district court properly dismissed it.

¶9The order of the district court is affirmed.