Lanfare v. Wolk

PICARD, District Judge.

This is an action for claimed infringement. The Lanfare patent in suit, No. 2,311,763, discloses a simple pouring spout fitted into a tubular cork and adapted to be used in pouring liquors. Defendant contends that the patent is void in view of the prior art, and that the pourers or stoppers admittedly sold by defendant, Exhibits B and C, do not infringe. Defendant has ceased making and selling Exhibit C. Both parties have moved for summary judgments and the facts are not in dispute. There is, in our opinion, no genuine issue that requires further trial, and while under…