Zuckerman v. Pilot

LEIBELL, District Judge.

Plaintiff moves, with supporting affidavits, for summary judgment under Rule 56(a), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The amended complaint sets forth six alleged causes of action under 35 U.S.C.A. § 50 (third paragraph), which reads as follows:

“Who, in any manner, marks upon or affixes to any unpatented article the word ‘patent,’ or any word importing that the same is patented, for the purpose of deceiving the public, shall be liable, for every such offense, to a penalty of not less than $100, with costs; one-half of said penalty to…