Perrin
Fortner & Perrin, Inc. v. Perrin
Opinion
lead Opinion
Yankwich, J.
This action relates to Letters Patent 2,470,079, application for which, made by R. A. Kelsey, was filed on December 22, 1945 and issued on May 10, 1949. The device, called “Garment Hangers”, is rather simple and is in a crowded field.
On September 21, 1945, the interest in the invention was transferred to Melvin V. Milliger and Herbert L. Perrin. Their interest in turn was transferred to Fortner and Perrin, Inc. on June 9, 1949. Both assignments were duly recorded in the Patent Office on June 13, 1949. Fortner and Perrin, Inc. have, since that date, been the owners of the patent.
The Complaint alleges that the defendants have infringed the patent and the usual relief by way of injunction, damages and the like is asked. The defendants have pleaded invalidity and non-infringement. These defenses may be disposed of with brevity. It is established law that assignors of a patent and those in privity with them are estopped from questioning its validity. 1 They may, however, show the state of the art in order to limit the scope of the estoppel. 2 However, the estoppel does not apply to a patent which has expired or to a device which is in the public domain. 3