Chas. Fischer Spring Co. v. Motion Picture Screen & Accessories Co.

MANDELBAUM, District Judge.

I am asked to grant summary judgment to the defendant pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, in this patent case.

It has been decided in patent cases that where it definitely appears that there is no infringement, the courts have determined the issues on affidavits and dismissed the bill. Weil et al. v. N. J. Richman Co., D.C., May 28th, 1940, 34 F.Supp. 401, opinion by Judge Conger. It is, however, equally true that motions for summary judgment have generally been denied in patent cases based solely on…