Legal Opinion
D. Klein & Son, Inc. v. Giant Umbrella Co.
District Court, S.D. New York
Decided March 28, 1972No. 71-C-4587Published
1Opinion of the Court
CROAKE, District Judge.
MEMORANDUM
The keystone of this action is plaintiff’s assertion of invalidity of design patent No. D.221,713, for an umbrella design issued to Phillip Kates, assignor to defendant, on August 31, 1971. Plaintiff seeks a declaratory judgment that the patent is invalid. Defendant has counterclaimed for patent infringement. Jurisdiction is based on federal patent laws. Title 35, U.S.C.
By this motion plaintiff seeks summary judgment in its favor, pursuant to Fed.R.Civ.P. Rule 56(b), asserting that the patent in question is invalid, either as fully anticipated by prior…
2Cases cited14 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Vacheron & Constantin-Le Coultre Watches, Inc. v. Benrus Watch Company, Inc.Court of Appeals for the Second Circuit · 1958
- Forestek Plating & Mfg. Co. v. Knapp-Monarch Co.Court of Appeals for the Sixth Circuit · 1939
- G. B. Lewis Company v. Gould Products, Inc.Court of Appeals for the Second Circuit · 1971
9 more not listed; retrieve them via the Exa API.