Ross v. McQuay, Inc.

MEMORANDUM AND ORDER

DEVITT, Chief Judge.

Defendants move for summary judgment in this patent infringement action alleging that United States Patent No. 3,101,598, involving an ice-making machine, is invalid as a matter of law by reason of the provisions of 35 U.S.C.A. §§ 184 and 185.

These two sections are part of a statutory scheme contained in 35 U.S.C.A. §§ 181-188, designed to insure the secrecy of certain information and knowledge sought to be patented, the disclosure of which to foreign patent authorities might be detrimental to national security.

Section 184 provides.

Except when…