CATAPHOTE CORPORATION v. DeSOTO CHEMICAL COATINGS, INC.

No. 40985.

235 F.Supp. 931 (1964)

CATAPHOTE CORPORATION, Plaintiff, v. DeSOTO CHEMICAL COATINGS, INC., Defendant.

United States District Court N. D. California, S. D.

May 19, 1964.


Attorney(s) appearing for the Case

Merriam, Smith & Marshall, Chicago, Ill., and Lerer & Moltzen, San Francisco, Cal., for plaintiff.

McDougall, Hersh & Scott, Chicago, Ill., and Hoppe & Mitchell, San Francisco, Cal., for defendant.


SWEIGERT, District Judge.

The issue presently before the Court in this patent litigation is raised by defendant's motion for a separate trial (Rule 42[b], Fed.R.Civ.P., 28 U.S.C.) on the issue whether plaintiff's alleged invention is invalid because placed in public use or on sale in this country more than one year prior to the date of application for said patent within the meaning of 35 U.S.C. § 102(b).

Defendant's motion is based upon Plaintiff's Answers...

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