BOAS BOX COMPANY v. PROPER FOLDING BOX CORPORATION

No. 68-C-932.

330 F.Supp. 401 (1971)

BOAS BOX COMPANY, Plaintiff, v. PROPER FOLDING BOX CORPORATION, Defendant.

United States District Court, E. D. New York.

April 12, 1971.


Attorney(s) appearing for the Case

James & Franklin, New York City, for plaintiff.

William A. Drucker, New York City, for defendant.


MEMORANDUM OF DECISION AND ORDER

MISHLER, Chief Judge.

Pleadings

The amended complaint states a claim for declaratory judgment praying that patent No. 2,988,259 be adjudged invalid and not infringed and a second claim for false marking (35 U.S.C. § 292). Defendant assignee of the patent issued to James N. Callinicos and assignee of a prior patent issued to James N. Callinicos under U.S. Patent No. 2,821,297 counterclaimed for patent...

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