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ANCHOR HOCKING CORP. v. EYELET SPECIALTY CO.

Civ. A. No. 4703.

377 F.Supp. 98 (1974)

ANCHOR HOCKING CORPORATION, Plaintiff, v. The EYELET SPECIALTY COMPANY, Defendant.

United States District Court, D. Delaware.

May 9, 1974.

Attorney(s) appearing for the Case

James M. Mulligan, Jr., of Connolly, Bove & Lodge, Wilmington, Del., for plaintiff.

Douglas E. Whitney and William H. Sudell, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., and Roy C. Hopgood and Stephen B. Judlowe of Sandoe, Hopgood & Calimafde, New York City, of counsel, for defendant.

OPINION AND ORDER

LATCHUM, Chief Judge.

This action is presently before the Court on a motion by the defendant Eyelet Specialty Company ("Eyelet") for partial summary judgment declaring United States Patent No. 3,744,655 on a "safety closure for containers" (the "utility patent") assigned to Anchor Hocking Corporation ("Anchor") to be invalid for double patenting. Jurisdiction is conferred by 28 U.S.C. § 1338(a).

The undisputed facts relevant...

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