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LEMELSON v. TOPPER CORPORATION

Nos. 28, 29, Dockets 71-1253, 71-1314.

450 F.2d 845 (1971)

Jerome H. LEMELSON, Plaintiff-Appellant, v. TOPPER CORPORATION (by change of name from DeLuxe Reading Corporation) and The Great Atlantic and Pacific Tea Co., Inc., Defendants-Appellees and Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 22, 1971.

Attorney(s) appearing for the Case

Eliot S. Gerber, New York City (Wyatt, Gerber & Shoup and Arthur T. Fattibene, New York City, of counsel), for appellant.

David H. T. Kane, New York City (Kane, Dalsimer, Kane, Sullivan & Kurucz and Siegrun D. Kane and Gerald Levy, New York City, of counsel), for appellee Topper Corp.

Before MOORE, SMITH and HAYS, Circuit Judges.

MOORE, Circuit Judge:

Jerome H. Lemelson appeals from an order of the United States District Court for the Southern District of New York, dismissing his complaint for patent infringement.1 Topper Corporation2 cross-appeals from that part of the court's order adjudging Lemelson's patent valid.

Lemelson was issued a patent on a toy gun containing a mechanism which simulates the sound of a ricocheting...

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