Bereslavsky v. Socony-Vacuum Oil Co.

The case presented is somewhat perplexing. Nevertheless, when the record is adhered to, I think the position of the defendant is sustained by the opinion of Judge Mandelbaum, Bereslavsky v. Socony-Vacuum Oil Co., 7 F.R.D. 444. It will be observed that what he held and deemed controlling is identified in the appendix annexed to defendant’s memorandum in which he has cited Sterling Products Corp. v. Sterling Drug, Inc., D.C.S.D.N.Y., October 31, 1942.1 As I conceive, this contains all that is needful.

Among the facts to be noted are the following: (1) The patent expired before September 19,…