Aileen Mills Co. v. Ojay Mills, Incorporated

LEVET, District Judge.

Defendants moved for summary judgment to dismiss the cause of action for alleged patent infringement of plaintiffs’ Design Patent No. 181,148, covering a textile fabric or similar article. Defendants claim that the bedspreads manufactured and sold by them do not infringe upon the design of the fabric illustrated and claimed in the patent in suit. This is a non-jury case.

The defendants’ contentions are essentially as follows:(1) The fabric illustrated in the patent drawings or print of the swatch submitted by the applicant (plaintiffs here) consists of a series of cut…