Jerrold Stephens Co. v. Alladin Plastics, Inc.

The plaintiff’s Complaint asks for declaratory relief to the effect that Patent No. 192,029 is invalid, and for injunction against unfair competitive practices, and for damages.

Defendant answered, denying the invalidity of the design patent, denying unfair competition, and counter-claimed for patent infringement of the above-mentioned Patent Design 192,029 and Patent No. 3,032,375 and Patent No. 3,034,830 for unfair competition and for infringement of trademark No. 736,402 for the words “FORM-FIT.”

Plaintiff has filed a motion for partial summary judgment under Rule 56, F.R. C.P., on the counter-claims asserted against plaintiff by the defendant.

The motion for summary judgment is based on several grounds as to each patent, one of which, in each instance, is that none of the patents disclose a standard of invention sufficient to sustain the validity of any one of the three patents, and that such determination can and should be made as a matter of law and not as a matter of fact.

Prior to December 4, 1950, when the Supreme Court handed down its decision in Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp., 340 U.S. 147 , 71 S.Ct. 127 , 95 L.Ed. 162 , the Ninth…