PALLAS v. NEWTON LINES CO.

No. 371.

47 F.Supp. 301 (1942)

PALLAS v. NEWTON LINES CO., Inc.

District Court, N. D. New York.

August 12, 1942.


Attorney(s) appearing for the Case

Theodore E. Simonton, of New York City, for plaintiff.

Paul B. Kelly, of Cortland, N. Y., and Roberts, Cushman & Woodberry, both of Boston, Mass. (Charles D. Woodberry and William Gates, Jr., both of Boston, Mass., of counsel), for defendant.


BRYANT, District Judge.

In some respects this is an ordinary patent suit. Plaintiff alleges issuance, validity and infringement of patent. Defendant denies infringement and asserts invalidity of the patent on the usual defenses of prior art and certain prior knowledge and uses. In addition, there are some unconventional issues. Briefly, they are invalidity because of vagueness, because of disclaimer, because plaintiff was not the inventor and because the patent, although...

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