[Download] "Milcor Steel Co. v. George A. Fuller Co." by United States Court of Appeals for the Second Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Milcor Steel Co. v. George A. Fuller Co.
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 31, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This is an appeal from a summary judgment dismissing the complaint in an action for the infringement of claims six and seven of Patent No. 2,105,770, issued on January 18, 1938, to Harry Holdsworth, and by him assigned to the plaintiff. The suit was brought on June 22, 1939, and the defendant answered on August 18th. On November 28, 1939, the plaintiff, as assignee of Holdsworth, filed disclaimers as to claims six and seven; and the motion for summary judgment was upon the ground that the disclaimers were invalid and resulted in the abandonment of the claims in suit. So the judge held and the plaintiff appeals. This being a question vital to the action, it was proper to decide it upon an application for summary judgment under Rule 56(b) Rules of Civil Procedure, 28 U.S.C.A. following section 723c. Some description of the specifications and claims is needed for its understanding.