Rothholz v. Kreger

HINCKS, Chief Judge.

This is an action in which the plaintiff claims 'inf ringement of her reissue patent No. 19,580. The case comes before the court upon the defendant’s motion for a summary judgment, the motion being based upon the contention that the reissue is invalid because of the patentee’s laches in making application for the reissue. The plaintiff makes no claim that the issue submitted is not" one that' may properly be raised by a motion for summary judgment.Instead, she resists the motion on the merits contending that the facts support the action of the Patent Office in granting the…