FILT-O-PURE PRODUCTS CORP. v. CHEMEX CORPORATION


124 F.Supp. 22 (1954)

FILT-O-PURE PRODUCTS CORPORATION and Fred E. Newman, Plaintiffs, v. CHEMEX CORPORATION and Peter Schlumbohn, Defendants.

United States District Court, S. D. New York.

September 27, 1954.


Attorney(s) appearing for the Case

Paul Kolisch, New York City, for plaintiffs.

Kadel, Wilson & Potts, New York City, for defendants, John Kadel, W. Philip Van Kirk and Abraham Wilson, New York City, of counsel.


PALMIERI, District Judge.

This is an action for a declaratory judgment of noninfringement and for a declaration of invalidity of patent No. 2,359,943 owned by the corporate defendant. Plaintiffs move for summary judgment declaring that their product does not infringe the aforesaid patent.

The patent that is allegedly infringed is a combination patent, and the elements of the combination are a container the upper part of which is shaped like the cone of a funnel...

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