Owen

Owen v. Paramount Productions, Inc.

Good Law
41 F. Supp. 557·51 U.S.P.Q. (BNA) 313·1941 U.S. Dist. LEXIS 2723
United States District Court, Southern District of CaliforniaOctober 20, 1941827, 1290California2,113 words

Opinion

Opinion

Jenney, J.

These are patent infringement cases involving letters patent which expired November 22, 1938. The Paramount case was filed January 31, 1936, and the Columbia case, November 19, 1937. In her second amended complaint against Paramount, and in her original complaint against Columbia, plaintiff alleged that “by bequest under the Will of said William O. Owen, deceased, his wife, the plaintiff herein, has become and is now the sole owner of said Letters Patent; that the Will under which said bequest was made has been duly probated and Letters Testamentary duly recorded in the United States Patent Office.”

Plaintiff was appointed executrix in the District of Columbia on May 2, 1929, and thereafter duly qualified and acted as such. A copy of the letters testamentary was recorded in the patent office. That the plaintiff, Annie R. C. Owen, is still acting as executrix is alleged in her motion to intervene and is stated in the affidavit of her attorney in support of this motion. There is no allegation of any distribution under the will. Plaintiff also alleges that the will of her said deceased husband was placed of record in the United States Patent Office and that, although the will did…

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