Legal Opinion
Standard Duplicating Machines Co. v. American Business Machines Corp.
District Court, D. Massachusetts
Decided May 18, 1948No. Civ. No. 7209Published
1Opinion of the Court
SWEENEY, District Judge.
This action was initiated by a complaint charging infringement of Letters Patent Re. No. 19,951, dated April 28, 1936, which were applied for by one Storck and assigned to the plaintiff. The phase of the case which is before me now is the defendant’s motion to dismiss because of “plaintiff’s failure to file a disclaimer of claims 7, 9, 12 and 15 in accordance with R.S. § 4917 and R.S. § 4922, 35 U.S.C.A. §§ 65 and 71, since claims 7, 9, 12 and 15 are not ‘definitely distinguishable’ from the subject matter of claim 8 which was disclaimed by plaintiff on January 31,…
2Cases cited7 opinions
- Ensten v. Simon, Ascher & Co.Supreme Court of the United States · 1931
- Maytag Co. v. Hurley MacHine Co.Supreme Court of the United States · 1939
- Bulldog Electric Products Co. v. Cole Electric Products Co.Court of Appeals for the Second Circuit · 1945
- Duraloy Co. v. Carnegie-illinois Steel Corp.District Court, W.D. Pennsylvania · 1942
- Standard Mailing Machines Co. v. Ditto, Inc.Court of Appeals for the First Circuit · 1938
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