Rubinstein v. Silex Co.

RIFKIND, District Judge.

This is a patent infringement action brought by Louis Rubinstein against the Silex Company for damages, an accounting of profits and an injunction. The defendant moves for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, on the ground that, as a matter of law, it is entitled to a judgment that it has not infringed the patent in suit. The issue of validity of plaintiff’s patent may be disregarded. Electrical Fittings Corporation v. Thomas & Betts Co., 1939, 307 U. S. 241, 59 S.Ct. 860, 83 L.Ed. 1263; Duplex…