Pecora v. Modern Sanitary Dairies of Pennsylvania, Inc.

WATSON, District Judge.

Michael A. Pécora, Pasquo Pécora and Salvadore Pécora, the Plaintiffs and owners of a design patent No. 98,609 issued to Pécora, by this suit in equity seek a decree against Modern Sanitary Dairies of Pennsylvania, Inc., adjudging its use of a certain milk bottle to be an infringement of the Pécora patent and awarding an injunction. The Defendant challenges the validity of the Pécora patent and denies infringement.

This, in my opinion, is not a case in which the question as to the validity of the patent in suit needs to be discussed or passed upon. Bút, as I view the…