Diversey Corporation v. Mertz

LINDLEY, District Judge.

Plaintiff brought this suit for infringement of two patents, Adler, No. 1,734,706, and Kochs, No. 1,962,821, issued to plaintiff as assignee of the respective applicants. Defendant asserts invalidity and denies infringement. He files a counterclaim in which he avers that the Adler invention is his and should be assigned to him. In view of the defense that Adler was not the inventor and the issue presented by the counterclaim, I shall consider, first of all, the question of invention by Adler.

Defendant was formerly plaintiff’s vice president and general sales manager…