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MESSLER v. UNITED STATES RUBBER CO.

No. 179.

53 F.Supp. 76 (1943)

MESSLER v. UNITED STATES RUBBER CO.

District Court, D. Connecticut.

August 5, 1943.

Attorney(s) appearing for the Case

Nathaniel Frucht, of Providence, R. I., and Rockwell & Bartholow, of New Haven, Conn., for plaintiff.

Newton A. Burgess and Gifford, Scull & Burgess, all of New York City, for defendant.

SMITH, District Judge.

The defendant has filed a motion for summary judgment on the ground that the patent in suit is void because the plaintiff has unduly delayed in filing a disclaimer of Claim 2 of the patent in suit or in relitigating Claim 2, held invalid in Civil Action No. 1156, United States District Court, District of Massachusetts. The present action was filed October 19, 1939. A bill of particulars was served January 6, 1940, designating Claims 3 to 6 as...

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