Sure-Fit Products Co. v. Med-Vogue Corp.

KALODNER, District Judge.

Defendant, counterclaiming in an equity suit, seeks a declaratory judgment declaring plaintiff’s patent No. 1,984,973 invalid on the grounds of(1) Prior publication(2) Prior public sale(3) Prior public use

The counterclaim further charges plaintiff with false patent marking upon merchandise and in advertisements; and finally charges plaintiff with unfair competition in disseminating word to the trade, etc., that defendant’s product infringes plaintiff’s patent, that the defendant would soon be out of business, and that credit should not be extended to defendant.

The…