Legal Opinion

Lemelson v. Gerber Products Co.

District Court, E.D. New York

Decided January 11, 1966No. 65-C-218PublishedCited by 1 opinion

1Opinion of the Court

BARTELS, District Judge.

This suit involves two causes of action, the first against the three named defendants for an infringement of a patent involving a bellows noisemaker used in the manufacture of toys, and the second against only one of the defendants for a breach of express contract and an unlawful appropriation of plaintiff’s designs and inventions.

On June 7, 1965 defendants served their answer, and this was the last pleading directed against the issues in the complaint. Rule 38(b), Fed.Rules Civ. Proc., 28 U.S.C.A., requires a demand for a jury trial to be served “not later than 10…

2Cases cited7 opinions

Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
Mason v. British Overseas Airways Corp.District Court, S.D. New York · 1957
Polak v. Koninklijke Luchtvaart Maatschappij N. V. KLM Royal Dutch Airlines HollandDistrict Court, S.D. New York · 1956
Irvine v. Luckenbach Steamship Co.District Court, S.D. New York · 1946

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

Flagstaff Foodservice Corp. v. Consolidated Foods Corp. (In re Flagstaff Foodservice Corp.)District Court, S.D. New York · 1982