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BARR RUBBER PRODUCTS COMPANY v. SUN RUBBER COMPANY

253 F.Supp. 12 (1966)

The BARR RUBBER PRODUCTS COMPANY, Plaintiff, v. The SUN RUBBER COMPANY, Defendant.

United States District Court S. D. New York.

March 9, 1966.

Attorney(s) appearing for the Case

Ely, Golrick & Flynn, Cleveland, Ohio, Darby & Darby, New York City, for plaintiff; Albert L. Ely, Jr., Cleveland, Ohio, and Harvey M. Brownrout, New York City, of counsel.

Pennie, Edmonds, Morton, Taylor & Adams, New York City, Hamilton & Cook, Akron, Ohio, for defendant; Thomas F. Reddy, Jr., New York City, Everett R. Hamilton, Cleveland, Ohio, and James G. Foley, New York City, of counsel.

FEINBERG, District Judge.

In November 1960, plaintiff, The Barr Rubber Products Company ("Barr"), brought an action seeking a declaration that a patent owned by defendant, The Sun Rubber Company ("Sun"), is invalid. The patent in question is United States Molitor patent No. 2,629,134 ("the Molitor patent"). In its complaint and counterclaim, Barr also alleges unfair competition and antitrust violations for which it seeks damages and injunctive relief.

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