Smith-Corona Marchant, Inc. v. American Photocopy Equipment Co.

PALMIERI, District Judge.

The defendant moves for summary judgment dismissing Count II of the complaint in which it is charged with having violated Section 7 of the Clayton Act 1 through the acquisition of the assets of a patent holding company, including the “Eisbein” patent relating to photocopy machines using the method known as the diffusion-transfer-reversal process (diffusion process). The defendant’s acquisition followed a decision of the Seventh Circuit upholding the validity of the patent and its infringement by defendant. Copease Mfg. Co. v. American Photocopy Equip. Co., 298 F.2d…