National Dairy Products Corp. v. L. D. Schreiber & Co.

DECISION AND ORDER

MYRON L. GORDON, District Judge.

This matter is before me on two motions for discovery and one for summary judgment. The plaintiff Kraftco seeks to inspect those of the defendant Schreiber’s operations which are alleged to infringe the patent in suit. Schreiber has countered with a motion to inspect those of Kraftco’s operations which allegedly perform the process which is the subject of this suit. Schreiber’s asserted objective is to establish that Kraftco’s is but a “paper” patent which has not been practiced and which therefore merits but a narrow construction.

Relying upon…