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TAYLOR WINE COMPANY v. CELMER

Nos. 439, 440, Dockets 32127, 32128.

397 F.2d 784 (1968)

The TAYLOR WINE COMPANY, Inc., Plaintiff-Cross Appellant, v. Ralph F. CELMER, Defendant-Cross Appellee. ULTIMATE RESEARCH AND DEVELOPMENT CORP., Plaintiff-Appellant, v. The TAYLOR WINE COMPANY, Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 18, 1968.

Attorney(s) appearing for the Case

Hoffman Stone, Rochester, N. Y., for Celmer and Ultimate Research and Development Corp.

William B. Mason, Arlington, Va. (Penrose L. Albright, Arlington, Va., and Poles, Tublin, Patestides & Stratakis and Melvin J. Tublin, New York City, on the brief), for Taylor Wine Co.

Before MOORE, HAYS and FEINBERG, Circuit Judges.

HAYS, Circuit Judge:

The Talyor Wine Company, alleging that Ralph F. Celmer accused it of infringing a patent belonging to Celmer, brought an action seeking a declaratory judgment that either the patent was invalid or not infringed by Taylor. Thereafter, Ultimate Research and Development Corp., Celmer's wholly owned corporation to which he had transferred the patent, instituted suit charging Taylor with infringement. The two actions were consolidated for trial. The...

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