Gray v. Grinberg

J. B. McPHERSON, District Judge.

This is a suit for the alleged infringement of design patent No. 37,301, issued to the complainant in January, 1905, for “a new, original and ornamental design for lamps.” The validity of the patent is attacked, and much of the testimony bears upon this defense; but,, in my opinion, the case must be decided upon another point, and the validity of the patent must be left for determination in some other suit.

The point referred to is the complainant’s failure to prove a prima facie'case of infringement. The bill admits that the defendants are citizens of the…