Chore-Time Equipment, Inc. v. Automatic Poultry Feeder Co.

FOX, District Judge.

Defendants have moved for a partial summary judgment under the following set of facts:

Plaintiff holds Patent No. 3,033,163 for a type of automatic poultry feeder. It applied for and received a reissue patent, No. 25,589. The reissue patent is substantially similar to the original patent, with the exception of claims 8, 9 and 10, which are not present in the original patent.

Defendants claim that inasmuch as the present suit concerns infringement of claims 8, 9 and 10, of the reissue patent, it should be dismissed by summary judgment under the rule of 35 U.S.C. § 251,…