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BECHIK v. HANDY MATTRESS ACCESSORIES CORPORATION

No. 2257.

45 F.Supp. 73 (1942)

BECHIK v. HANDY MATTRESS ACCESSORIES CORPORATION.

District Court, E. D. New York.

May 9, 1942.

Attorney(s) appearing for the Case

Ralph F. Merchant, of Minneapolis, Minn. (Morris Kirschstein, of New York City, of counsel), for plaintiff.

Frederick W. Scholem, of New York City (Harry Ernest Rubens, of New York City, of counsel), for defendant.

BYERS, District Judge.

This is a patent infringement suit involving plaintiff's patent No. 2,105,580, granted January 18, 1938, on application filed June 7, 1935. The complaint also pleads No. 2,248,328, granted July 8, 1941, on application filed May 19, 1939. Plaintiff elected to withdraw this with prejudice because of its being thrown into interference after the complaint was filed on September 16, 1941.

The defendant is alleged to be a secondary infringer...

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