IRVING v. KERLOW STEEL FLOORING CO.


25 F.Supp. 901 (1938)

IRVING et al. v. KERLOW STEEL FLOORING CO.

District Court, D. New Jersey.

December 29, 1938.


Attorney(s) appearing for the Case

Bartlett, Eyre, Scott & Keel, of New York City (Thomas G. Haight, of Jersey City, N. J., and Richard Eyre and A. Parker-Smith, both of New York City, of counsel), for plaintiffs.

Milton, McNulty & Augelli, of Jersey City, N. J. (John C. Kerr and George F. Des Marais, both of New York City, of counsel), for defendant.


CLARK, District Judge.

The usual search for that needle in the haystack of patent jurisprudence, the spark of genius in the improvement. The plaintiff company describes itself as the oldest and largest manufacturer of open metallic flooring. This modest assertion finds confirmation in the file of alleged anticipating patents. All but one of these patents is owned by the corporate plaintiff and of these two are the brain children of this corporation's president, Mr...

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