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MATTEL, INCORPORATED v. LOUIS MARX & CO.

No. 1313-59-Y.

200 F.Supp. 593 (1961)

MATTEL, INCORPORATED, a corporation, Plaintiff, v. LOUIS MARX & CO., Inc., a corporation, Charles Salerno, an individual, dba Marx Toys and dba Homewood Distributors, and F. W. Woolworth Company, Inc., a corporation, Defendants.

United States District Court S. D. California, Central Division.

December 29, 1961.

Attorney(s) appearing for the Case

Herzig & Jessup by Albert M. Herzig, Los Angeles, Cal., for plaintiff.

James & Franklin by Maxwell James, New York City, Lyon & Lyon by Roland N. Snoot, Los Angeles, Cal., for defendant.

YANKWICH, District Judge.

In an old patent case there is found the following statement which has become almost axiomatic:

"at all events a patentee is at liberty to supply his own dictionary; and a claim is neither enlarged nor limited by taking its terms in the sense given in the lexicon of the specification." (Kennicott Co. v. Holt Ice & Cold Storage Co., 1915, 7 Cir., 230 F. 157, 160)

The case has been followed. See the writer's opinion in...

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