Brookfield Athletic Shoe Co. v. Chicago Roller Skate Co.

ORDER

BUA, District Judge.

This cause is before the Court on the motion of defendants Chicago Roller Skate Company (“Chicago”) and Red Stone Enterprise Company, Ltd., for summary judgment on the ground that (1) Chicago’s roller skate, Exhibit 17, does not infringe the design patent in suit, U.S. Patent Des. No. 261,542, owned by the plaintiff Brook-field Athletic Shoe Company, Inc.; (2) the patent in suit, No. 261,542, is invalid for the reasons enumerated in 35 U.S.C. §§ 102, 103 and 171; and (3) defendant is entitled to all of its costs, expenses, and attorneys’ fees pursuant to the…