Vernay Laboratories, Inc. v. Industrial Electronic Rubber Co.

KALBFLEISCH, District Judge.

Defendant’s request for an oral hearing on its motion for summary judgment will be denied since the Court can dispose of the questions presented without need of an oral hearing.

Defendant has moved for a summary judgment based upon the claim that patent No. 3,090,108, the patent which plaintiff charges defendant has infringed, is void and unenforceable.

In examining defendant’s claim for summary judgment the Court is mindful of the fact there can be an issue over interpretation of known facts. The Sixth Circuit Court of Appeals in S. J. Groves & Sons Co. v. Ohio…