FLUID SYSTEMS v. GREAT LAKES EQUIPMENT CO.

Civ. A. No. 27090.

98 F.Supp. 220 (1951)

FLUID SYSTEMS, Inc. v. GREAT LAKES EQUIPMENT CO.

United States District Court N. D. Ohio, E. D.

May 9, 1951.


Attorney(s) appearing for the Case

Edmond M. Bartholow, New Haven, Conn., William E. Williams, Cleveland, Ohio, for plaintiff.

Chas. Auerbach, Geo. V. Woodling and Bruce B. Krost, all of Cleveland, Ohio, for defendant.


JONES, Chief Judge.

This is an action for alleged patent infringement. The defendant by its motion requests dismissal of the complaint and summary judgment in its favor under Rules 12 and 56, Fed.Rules Civ.Proc. 28 U.S.C.A. The grounds for the motion are (1) misuse of the patent rights by the plaintiff, (2) estoppel, and (3) invalidity of the patent in view of the prior art.

The court agrees with the defendant that the decided cases establish the principle...

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