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ALEX LEE WALLAU, INC. v. J. W. LANDENBERGER & CO.

121 F.Supp. 555 (1954)

ALEX LEE WALLAU, Inc. v. J. W. LANDENBERGER & CO., Inc.

United States District Court S. D. New York.

May 25, 1954.

Attorney(s) appearing for the Case

Mock & Blum, New York City, for plaintiff.

Margaret W. Smith and Howson & Howson, New York City, Kennard N. Ware, Philadelphia, Pa., of counsel, for defendant.

DIMOCK, District Judge.

This is a suit for the alleged infringement of a design patent and a utility patent for footcaps. Defendant moves pursuant to Rule 56, F.R.C.P. 28 U.S.C., for summary judgment dismissing the complaint on the grounds that the patents are invalid and not infringed.

Plaintiff contends in effect that the issues of validity and infringement of a patent are never susceptible of determination on a pre-trial motion. Plaintiff's affidavits,...

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