Album Graphics, Inc. v. Ivy Hill Lithograph Corp.

BAUMAN, District Judge.

This is an action for patent infringement brought pursuant to 35 U.S.C. §§ 271 and 281, and for unfair competition. The defendant has now moved for summary judgment pursuant to Rule 56 of the Federal Rules, alleging that plaintiff’s patent is invalid under 35 U.S.C. § 103.1 For the reasons that follow, I find the patent to be invalid and the motion is thus granted to that extent.

Plaintiff, Album Graphics, Inc., is the assignee of U.S. Patent No. 3,556,391, issued on January 19, 1971 to one Donald W. Kosterka and entitled “Phonograph Record Album Package.” Defendant, Ivy…