Legal Opinion
Leveski v. Hydraulic Elevator & Machine Co.
District Court, S.D. New York
Decided March 30, 1965PublishedCited by 1 opinion
1Opinion of the Court
CROAKE, District Judge.
In this action the plaintiff sues to enjoin the alleged infringement by defendants of a United States Letters Patent on an invention. The defendants move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure on the ground that the plaintiff is not entitled to his patent because more than one year prior to the date of application for the patent the invention was sold and in public use. See 35 U.S.C. § 102(b).1
United States Letters Patent No. 3,-105,573 (herein the patent) was issued to the plaintiif on October 1, 1963. The subject of the patent…
2Cases cited13 opinions
- Egbert v. LippmannSupreme Court of the United States · 1881
- Smith & Griggs Manufacturing Co. v. SpragueSupreme Court of the United States · 1887
- Atlas v. Eastern Airlines, Inc.Supreme Court of the United States · 1963
- Metallizing Engineering Co. v. Kenyon Bearing & Auto Parts Co.Court of Appeals for the Second Circuit · 1946
- Sprague v. VogtCourt of Appeals for the Eighth Circuit · 1945
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3Cited by1 opinion
- Xerox Corporation v. Dennison Manufacturing CompanyDistrict Court, S.D. New York · 1971