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MARKS v. POLAROID CORPORATION

No. 5055.

237 F.2d 428 (1956)

Alvin M. MARKS, Plaintiff, Appellant, v. POLAROID CORPORATION, Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided September 26, 1956.

Attorney(s) appearing for the Case

Floyd H. Crews, New York City, with whom Harvey W. Mortimer, and Darby & Darby, New York City, were on the brief, for appellant.

Donald L. Brown, Cambridge, Mass., with whom Rowland V. Patrick, Boston, Mass., Julius Silver, New York City, Charles Mikulka, Cambridge, Mass., Fish, Richardson & Neave, Boston, Mass., and Silver, Saperstein & Barnett, New York City, were on the brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

WOODBURY, Circuit Judge.

Alvin M. Marks as the owner of two United States patents, Nos. 2,104,949 and 2,199,227, and Depix Corporation as his exclusive licensee, brought suit in the court below against Polaroid Corporation for infringement of several claims of the patents. Polaroid answered and filed a counterclaim charging both plaintiffs with trademark infringement, unfair competition, and infringement of enumerated claims of three United States patents issued to...

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