FISCHER & PORTER CO. v. BROOKS ROTAMETER CO.

Civ. A. No. 7041.

86 F.Supp. 502 (1949)

FISCHER & PORTER CO. v. BROOKS ROTAMETER CO. et al.

United States District Court E. D. Pennsylvania.

July 18, 1949.


Attorney(s) appearing for the Case

Leonard L. Kalish, Philadelphia, Pa., attorney for plaintiff.

Harry D. Gottlieb, Philadelphia, Pa., attorney for defendants.


KIRKPATRICK, Chief Judge.

The defendant has moved to strike the plaintiff's demand for trial by jury and the answer to the question presented by the motion depends upon whether the action is under Section 67 (R.S.4919) or Section 70 (R.S.4921) of Title 35 U.S.C.A.

The complaint does not ask for an injunction but for a judgment of invalidity, and for damages. The defendant contends that the plaintiff has identified...

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