Industrial Models Corp. v. Kurtz

KOSCINSKI, District Judge.

Plaintiff sues as assignee for infringement of United States Letters Patent No. 2,-189,154, and demands jury trial. Defendants deny both validity of patent and infringement and, in their further defense, represent that Claims 5 to 11, inclusive, of the patent in suit were adjudged invalid and void by judgment and decision of another judge of this court entered on September 21, 1946, after a full trial respecting validity of the same patent, in the case of Industrial Models Corporation v. Loeffler et al., D.C., 67 F.Supp. 690, from which no appeal was taken, and that…