No. 919, Docket 88-7761.

936 F.2d 76 (1991)

Raymond BOYD, Plaintiff-Appellant, v. SCHILDKRAUT GIFTWARE CORPORATION and D & E Trading Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 10, 1991.

Attorney(s) appearing for the Case

Philip M. French, Stamford, Conn. (Alfred H. Hemingway, Jr., New York City, on the brief), for plaintiff-appellant.

Marvin E. Frankel, New York City (Terry D. Weissman, Kramer, Levin, Nessen, Kamin & Frankel, New York City, on the brief), for defendants-appellees.

Before TIMBERS, NEWMAN and ALTIMARI, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

Of the many issues on this appeal in a patent licensing case, the only one of substance is determination of the circumstances under which the mismarking of a product with an inapplicable patent number will estop the user from denying that his product uses the patent. Raymond Boyd appeals from the July 29, 1988, judgment of the District Court for the Southern District of New York (Mary Johnson Lowe, Judge) dismissing his claim for royalties...

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