SINCLAIR REFINING CO. v. MARTIN & SCHWARTZ

No. 1869.

11 F.Supp. 153 (1935)

SINCLAIR REFINING CO. v. MARTIN & SCHWARTZ, Inc.

District Court, W. D. New York.

June 10, 1935.


Attorney(s) appearing for the Case

Slee, O'Brian, Hellings & Ulsh, of Buffalo, N. Y., and Pennie, Davis, Marvin & Edmonds (by Dean S. Edmonds and Raymond F. Adams), all of New York City, for plaintiff.

Albert R. Henry and Wilcox & Van Allen (John W. Van Allen, of counsel), all of Buffalo, N. Y., for defendant.


KNIGHT, District Judge.

This action is brought to restrain the defendant from further infringing the rights claimed to be secured to the plaintiff by letters patent No. 1,948,191 covering certain improvements relating to a price indicator, and to recover damages suffered by reason of the alleged infringement by the defendant. The defenses are noninfringement, invalidity of the patent over the prior art, and misconduct of the plaintiff in the course of the prosecution...

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