Goldsmith v. Overseas Scientific Corporation

IRVING R. KAUFMAN, District Judge.

Defendant Field has moved for summary judgment in this action brought by the plaintiff to recover damages for alleged patent infringement. Plaintiff instituted the action on February 4, 1959, seeking $50,000 actual damages, plus treble damages. While this action was pending, defendant Field filed a voluntary petition in bankruptcy, and was adjudicated a bankrupt. Although defendant, when he -filed schedules in bankruptcy, listed plaintiff as a creditor, plaintiff chose not to'file a proof of claim. Defendant was granted a discharge in bankruptcy on October…