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MODERN ART PRINTING COMPANY v. SKEELS

No. 11555.

223 F.2d 719 (1955)

MODERN ART PRINTING COMPANY, a Partnership, Composed of Joseph Bardash and Percy Rimes, Plaintiffs-Appellees, v. Arthur N. SKEELS and Alice M. Skeels, Individually and as Co-Partners, Doing Business Under the Firm Name and Style of Art Roll Leaf Stamping Company, Defendants-Appellants.

United States Court of Appeals Third Circuit.

Decided June 16, 1955.

Attorney(s) appearing for the Case

Harry Cohen, New York City (Harry B. Rook, Newark, N. J., Levisohn, Niner & Cohen, Edwin Levisohn, Reuben Spencer, New York City, on the brief), for plaintiffs-appellees.

Floyd H. Crews, New York City (Harry Sommers, Newark, N. J., Darby & Darby, New York City, on the brief), for defendants-appellants.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Plaintiffs successfully sued in the district court for infringement of United States patent 2,491,947 applied for by plaintiff Bardash June 11, 1948, issued December 20, 1949, and assigned by Bardash to the plaintiff partnership. Defendants, the appellants here, asserted that this patent was invalid and also denied that their two accused devices infringed.

The Bardash invention relates to the method of printing indicia upon a collapsible...

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