Allen v. Ideal Products, Inc.

OPINION

DUMBAULD, District Judge.

Before us for disposition is a motion by defendants for summary judgment attacking plaintiff’s claim for infringement of a patent relating to a device on a hunting jacket for absorbing the recoil of the gun; together with a motion by plaintiff to dismiss defendants’ counterclaim charging plaintiff with an antitrust violation by virtue of attempted misuse of a patent beyond the scope of its monopoly.

In limine at the request of the Court the parties briefed the question whether in view of Fashion Originators’ Guild of America v. F.T.C., 312 U.S. 457, 61 S.Ct.…