Legal Opinion

Binger v. Unger

District Court, S.D. New York

Decided September 24, 1946PublishedCited by 14 opinions

1Opinion of the Court

HULBERT, District Judge.

These are two motions brought on by defendants :

1. To have the case stricken from the jury calendar, and

2. To limit the examination before trial of Samuel L. Unger so as to exclude discovery as to damages or profits and to exclude discovery of the effective dates of prior patents and prior uses relied upon by defendants unless plaintiffs simultaneously disclose the dates of the conception and reduction to practice of the invention of the patent in suit.

The amended complaint filed July 2, 1946, prays an adjudication that patent No. 2,078,873 is valid and infringed, and…

2Cases cited2 opinions

  1. Beaunit Mills, Inc. v. Eday Fabric Sales CorporationCourt of Appeals for the Second Circuit · 1942
  2. Van Alen v. Aluminum Co. of AmericaDistrict Court, S.D. New York · 1942

3Cited by14 opinions

  1. Ric-Wil Co. v. E. B. Kaiser Co.Court of Appeals for the Seventh Circuit · 1950
  2. United States v. Lowell G. AndersonCourt of Appeals for the Tenth Circuit · 1978
  3. Georgia-Pacific Corp. v. United States Plywood Corp.District Court, S.D. New York · 1965
  4. Smith v. BentleyDistrict Court, S.D. New York · 1949
  5. Railex Corp. v. Joseph Guss & Sons, Inc.District Court, District of Columbia · 1966

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