LEVESKI v. HYDRAULIC ELEVATOR & MACHINE CO.


243 F.Supp. 614 (1965)

Peter LEVESKI, Plaintiff, v. HYDRAULIC ELEVATOR AND MACHINE CO., Inc., and General Elevator Corp., Defendants.

United States District Court S. D. New York.

March 30, 1965.


Attorney(s) appearing for the Case

Paul P. Rao, Jr., New York City, for plaintiff.

Hopgood & Calimafde, New York City, for defendants.


CROAKE, District Judge.

In this action the plaintiff sues to enjoin the alleged infringement by defendants of a United States Letters Patent on an invention. The defendants move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure on the ground that the plaintiff is not entitled to his patent because more than one year prior to the date of application for the patent the invention was sold and in public use. See 35 U.S.C. § 102(b)....

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