Raymond Boyd v. Schildkraut Giftware Corporation and D & E Trading Corporation

JON 0. NEWMAN, Circuit Judge:

Of the many issues on this appeal in a patent licensing case, the only one of substance is determination of the circumstances under which the mismarking of a product with an inapplicable patent number will estop the user from denying that his product uses the patent. Raymond Boyd appeals from the July 29, 1988, judgment of the District Court for the Southern District of New York (Mary Johnson Lowe, Judge) dismissing his claim for royalties claimed to be due under a 1978 patent license. We conclude that, under the circumstances of this case, the rejection of…