Nicholas Straussler v. United States

JONES, Chief Judge.

This is a suit for infringement of United States Letters Patent 2,398,057 issued to the plaintiff on April 9, 1946,. and disclosing a propulsion device for amphibious motor-driven vehicles. The plaintiff claims that the defendant has infringed this patent by the manufacture of such military amphibious equipment as the “Otter,” the “Duck,” and the T~ 46E-1 cargo carrier. The defendant has not answered the complaint, but under Rule 51(b), 28 U.S.C.A., has moved for summary judgment on the grounds that the plaintiff is barred from asserting infringement under the doctrine of…