Fred Morton Raymond
Judge Raymond no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Raymond decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Raymond treated facial patent invalidity as an exceptional basis for dismissal and ordinarily required factual development.
“Such a motion cannot be sustained, unless the lack of patentability is so palpable that no conceivable evidence could show the fact to be otherwise.”
He applied a strong presumption of constitutionality and separated judicial review from legislative-policy judgments.
“all presumptions are in favor of constitutionality, and courts have nothing to do with the wisdom of the law or with the motives which may have actuated its enactment.”
Procedural preferences
Raymond protected trial preparation from generalized discovery while allowing renewed requests supported by a specific showing.
“Rule 34 of Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, was not intended to permit a party to pry into the details of the other party’s preparation for trial, or to make available the result of a party’s investigations in preparing for trial.”
He directed parties to discovery when requested detail was useful for trial preparation but unnecessary to frame a responsive pleading.
“While the information requested may be essential to enable movants to prepare for trial, it is to be observed that complete discovery is provided for under Rules 26 to 37, inclusive, of Rules of Civil Procedure.”
Cautions
Raymond relied on the principle that genuine factual disputes should proceed to trial instead of being resolved on dismissal or summary judgment.
“If a genuine issue of fact exists, as appears from the opposing affidavits, the case is not one for decision either on a motion to dismiss or a motion for summary judgment, but should be passed to a trial on its merits.”
He treated subject-matter jurisdiction as an issue the court must notice independently.
“In all proceedings in federal courts, it is the duty of the court to take note of facts which point to lack of jurisdiction.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“No objection has been made to plaintiff’s motion, and an order may be *133presented to the court for signature in conformity therewith.”
“an order may be presented requiring their production”
“The motion for production of devices and documents under paragraphs 4, 5, 6, 7 and 8 will be denied as failing to show good cause, but without prejudice to renewal of the motion.”
“The demand for jury is granted and an order will be entered accordingly.”
“An order will be entered denying the motion.”
“An order will be entered denying defendant’s motion to quash.”
“the motion to dismiss should be denied, and an order will be entered accordingly.”
“An order will be entered denying the motion.”
“An order will accordingly be entered denying the motion to set aside the order of March 4, 1939.”
“An order will therefore be entered denying the motion.”
“an order requiring such production and permission upon demand therefor may be submitted for signature.”
“an order of denial has been entered.”
“Defendants’ motion for leave to amend answer by alleging additional patents in defense is granted in conformity with the motion”
“An order will be entered requiring plaintiff’s answer to interrogatories 15, 18 and 19”
“Defendants’ motion to produce and permit the inspection, copying and photographing of drawings and written descriptions that will be relied upon by plaintiff to carry back the date of conception or reduction to practice prior to the filing date of each of the patents in suit will be granted”
“Defendants’ objections to taking depositions of witnesses specified in paragraph 7 of notice ‘re depositions upon oral examination’ filed September 22, 1941, are sustained”
“An order will therefore be entered denying the motion to' dismiss, without prejudice, however, to right of defendant to renew the motion upon similar grounds after the completion of proofs.”
“Plaintiff will therefore be required to file and serve within ten days from date a short supplemental pleading stating the statute or statutes upon which he relies for recovery against this defendant.”
“Defendant’s motion to strike under Rule 12(f) will also he denied”
“An order will accordingly be entered denying the motions.”
“The application for production and permission to inspect documents listed under paragraph 1 (a) must be denied”
“The objection to 1 (b) must also be sustained”
“The request under 1 (e) for a crew list of the SS Corvus on June 2, 1939, together with their addresses will be granted.”
Caseload & timing
From public federal docket records for this judge.
No case-level docket record was returned for Raymond's tenure. The profile therefore makes no claim about his complete caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge Raymond no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.