Industrial Models Corp. v. Kurtz

KOSCINSKI, District Judge. •

Defendants filed motion for summary judgment of dismissal in this patent infringement suit on the ground that Claims 5 to 11, inclusive, of the patent involved in this suit were the subject of an earlier suit against another defendant and were adjudged invalid on September 21, 1946, by Judge Lederle of this court, and that plaintiff failed either to appeal from that decision or file a disclaimer within a reasonable time after notice of such invalidity.

On the necessity of a disclaimer of claims previously adjudicated invalid, the Supreme Court of the United States…