Marvin Glass & Associates v. De Luxe Topper Corp.

OPINION

BONSAL, District Judge.

Plaintiff Marvin Glass & Associates (Glass), the owner, of Patent No. 3,298,-692, “Game With Action Producing Components” (the patent), issued on January 17, 1967, and plaintiff Ideal Toy Corporation (Ideal), the exclusive licensee from Glass, sue the defendants, De Luxe Topper Corporation and De Luxe Reading Corporation, alleging that the game “Silly Safari,” sold by the defendants, infringes the patent. The game “Mouse Trap” is manufactured and sold by Ideal pursuant to its exclusive license under the patent.

Defendants move pursuant to Rule 56, F.R.Civ.P., for…