McCulloch Motors Corp. v. Oregon Saw Chain Corp.

HALL, District Judge.

Patent No. 2,923,329.

There are five patents involved in this case, two belonging to the defendant, Oregon Saw Chain Corporation, and three belonging to the plaintiff, McCulloch Motors Corporation.

Defendant Oregon has filed a Motion for partial summary judgment as to McCulloch’s patent No. 2,923,329 on the ground of file wrapper estoppel, and on the further ground that the patent is unenforcible because of misrepresentation to the Patent Office during the prosecution of the patent.

A motion for summary judgment is proper where there is no genuine issue of a material fact as…