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SURGITUBE PRODUCTS CORP. v. SCHOLL MANUFACTURING CO.

158 F.Supp. 540 (1958)

SURGITUBE PRODUCTS CORPORATION and Louis Hochman, Plaintiffs, v. SCHOLL MANUFACTURING CO., Inc., Defendant.

United States District Court S. D. New York.

January 24, 1958.

Attorney(s) appearing for the Case

Pennie, Edmonds, Morton, Barrows & Taylor, New York City, for plaintiffs, Stanton T. Lawrence, Rutherford, N. J., of counsel.

Stephen G. Cox, Westfield, N. J., for defendant, Stephen H. Philbin, New York City, of counsel.

DAWSON, District Judge.

This action tried by the Court without a jury is one for alleged patent infringement. Plaintiff is the assignee of a bandage patent and claims that defendant is liable to it under 35 U.S.C. § 271(b) and (c) as a contributory infringer of its patent and as having actively induced the infringement of its patent. Defendant has raised four defenses, (1) invalidity of the patent, (2) non-infringement...

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