MAGNUS HARMONICA CORP. v. LAPIN PRODUCTS


114 F.Supp. 942 (1952)

MAGNUS HARMONICA CORP. v. LAPIN PRODUCTS, Inc.

United States District Court S. D. New York.

June 23, 1953.


Attorney(s) appearing for the Case

Burgess, Ryan & Hicks, New York City, Newton A. Burgess, and H. H. Hamilton, New York City, of counsel, for plaintiff.

Harry Price, New York City, for defendant.


CONGER, District Judge.

This is a suit for infringement of three patents issued to Finn H. Magnus which were assigned to the plaintiff corporation.

The defendant denies infringement, asserts the invalidity of the patents and counterclaims for unfair competition and for a declaratory judgment of invalidity.

The Letters Patent involved are as follows:

No. 2,373,129, issued April 10, 1945, of which the plaintiff relies upon Claims 1, 2, 3, 5,...

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