Lemelson v. Fisher Price Corp.
District Court, S.D. New York
1Opinion of the Court
OPINION
EDWARD WEINFELD, District Judge.
Plaintiff, Jerome H. Lemelson, commenced this action against defendant, Fisher Price Corporation, for infringement of a patent covering a sound-producing bellows for use in noise-making toys. The patent was issued on June 20, 1961; it expired on June 20, 1978.
The defendant moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure on the ground that because it was not notified of the alleged infringement until after the patent expired, plaintiff, as a matter of law, may not recover damages even assuming infringement. The…
2Cases cited17 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Montana v. United StatesSupreme Court of the United States · 1979
- Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
- Dunlap v. SchofieldSupreme Court of the United States · 1894
- James Scott Kreager v. General Electric Company, James Scott Kreager v. General Electric CompanyCourt of Appeals for the Second Circuit · 1974
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- Maxwell v. J. Baker, Inc.District Court, D. Minnesota · 1992
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