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METHODE ELECTRONICS, INC. v. ELCO CORPORATION

No. 15861.

385 F.2d 138 (1967)

METHODE ELECTRONICS, INC., Plaintiff-Appellee, v. ELCO CORPORATION and Benjamin Fox, Defendants-Appellants.

United States Court of Appeals Third Circuit.

Decided October 6, 1967.

Attorney(s) appearing for the Case

Alan H. Bernstein, Caesar, Rivise, Bernstein & Cohen, Philadelphia, Pa., for appellants (Nathan Lavine, of Adelman & Lavine, Philadelphia, Pa., A. D. Caesar, Stanley H. Cohen, Manny Pokotilow, of Caesar, Rivise, Bernstein & Cohen, Philadelphia, Pa., on the brief).

Solon B. Kemon, Kemon, Palmer, Stewart & Estabrook, Washington, D. C., for appellee (W. Scott Railton, Washington, D. C., Henry T. Reath, John L. Harrison, Jr., Duane, Morris & Heckscher, Philadelphia, Pa., on the brief).

Before SMITH, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

WILLIAM F. SMITH, Circuit Judge.

The plaintiff in this action sought a declaratory judgment that Claim 4 of Reissue Patent No. 23,547 and Design Patent No. 173,694 were invalid and not infringed. The defendants counterclaimed for damages and the usual injunctive relief. On a motion, filed by the plaintiff under Fed.Rules Civ.Proc. rule 56 (a), 28 U.S.C.A., the court below held the patents invalid and entered summary judgment accordingly...

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