Dow Corning Corp. v. Surgitek, Inc.

DECISION AND ORDER

MYRON L. GORDON, District Judge.

This is a suit by Dow Corning Corporation against the Medical Engineering Corporation and its marketing subsidiary, Surgitek, Inc., for patent infringement of claims 1 through 5 of patent number 3,293,663. That patent, entitled “Surgically Implantable Human Breast Prosthesis”, and invented by Dr. Thomas D. Cronin, was issued to the plaintiff on December 27, 1966. The defendants have manufactured and sold the accused device since late in 1970.

The complaint, filed on February 2, 1971, alleged infringement of the Cronin patent and also of patent…