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BERNSTEIN v. SEED FILTER & MFG. CO.

44 F.Supp. 595 (1942)

BERNSTEIN v. SEED FILTER & MFG. CO., Inc., et al.

District Court, S. D. New York.

January 14, 1942.

Attorney(s) appearing for the Case

Irving Seidman, of New York City (Herman H. Solnit, of New York City, of counsel), for plaintiff.

Robert S. Allyn, of New York City, for defendant.

COXE, District Judge.

Under Section 4918 of the Revised Statutes, 35 U.S.C.A. § 66, a suit to declare invalid an alleged interfering patent may be brought "against the owners of the interfering patent." The complaint alleges that the Lazarus patent No. D. 128,396 was assigned to the defendant Seed Filter & Manufacturing Company, Inc., and the patent itself shows that it was issued in the name of that company. I do not think, therefore, that the defendant...

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