Castro Decorators, Inc. v. Bebry Bedding Corp.

BRUCHHAUSEN, Chief Judge.

The plaintiff instituted the above entitled actions, now consolidated, for infringement of a patent and breach of an oral supply agreement. The defendant, Bebry Bedding Corporation, is a manufacturer of beds and the defendant, R. H. Macy & Co., Inc., was a customer of Bebry and a retailer of the accused prod-duct.

The defendant Bebry counterclaims for infringement of its patent, breach of the supply agreement and for unfair competition.

The subject matter of each patent is a convertible hassock and bed, otherwise described as a convertible footstool (or ottoman) and…