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TENSITRON, INC. v. BROMLEY

No. 62 C 173.

260 F.Supp. 457 (1966)

TENSITRON, INC., Plaintiff, v. David BROMLEY, d/b/a Electromatic Equipment Company, and Hans Schmidt & Company, Defendants.

United States District Court E. D. New York.

January 14, 1966.

Attorney(s) appearing for the Case

Robert E. Burns, New York City (Allan Zelnick, New York City, of counsel), for plaintiff.

Lawrence F. Scinto, New York City (Ward, Haselton, McElhannon, Orme, Brooks & Fitzpatrick, New York City, of counsel), for defendants.

MEMORANDUM

DOOLING, District Judge.

The facts have been separately found and will not be repeated. It has been concluded that certain claims of Saxl patent No. 2,591,724 read on the accused device sold by defendant when the claims are interpreted as embracing slidable mounting as an equivalent of pivotal mounting, and it has also been concluded that plaintiff is not estopped to assert that equivalency by anything done in the course of the prosecution of...

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