Minnesota Mining & Manufacturing Co. v. Plymouth Rubber Co.

ROBSON, District Judge.

This is a patent infringement suit. Defendants have filed a motion for summary judgment on the ground that it has been judicially determined that the precise product here involved did not infringe, and since the only possible infringing change in the product occurred years subsequent to the filing of the instant suit that change could not serve to cure the fatal defect of the complaint of want, of infringement prior to suit.

This suit was filed August 4, 1954, on patent No. 2,559,990, issued July 10, 1951, and Reissue No. 23,843, dated June 29, 1954, to one Oace, for an…