SCRIPTO, INC. v. FERBER CORPORATION

Civ. No. 463-56.

163 F.Supp. 113 (1958)

SCRIPTO, INC., Plaintiff, v. FERBER CORPORATION, Defendant.

United States District Court D. New Jersey.

June 26, 1958.


Attorney(s) appearing for the Case

McCarter, English & Studer, Newark, N. J., for plaintiff. Ernest P. Rogers, Atlanta, Ga., Warley L. Parrott, Charlotte, N. C., William J. Ormsby, Jr., Atlanta, Ga., of counsel.

Milton Rosenkranz, Jersey City, N. J., for defendant. Maxwell E. Sparrow, New York City, of counsel.


HARTSHORNE, District Judge.

The crux of this case in its patent aspect is whether or not the three patents owned by plaintiff, Scripto, fall within the prior art and are therefore invalid.

In its complaint, Scripto relies upon three patents assigned to it by the patentee, Charles K. Lovejoy, the first a mechanical patent, No. 2,748,748, for a retractable ball point pen, applied for May 25, 1953, issued June 5, 1956; the second a design patent on such pen,...

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