Industrial Models Corp. v. Kurtz

The appeal in this suit for infringement of certain Letters Patent is from an order granting the motion of defendant in the district court for summary judgment dismissing the complaint. Claims five to eleven of the patent involved, Stewart No. 2,189,154, were held invalid by District Judge Lederle in September 1946, for want of invention.

The question involved here is whether an obligation rested upon the appellant, owner of the patent, either to take an appeal from the judgment entered in 1946, or to file disclaimer in the United States Patent Office without unreasonable neglect or delay as…