Refractolite Corporation v. Prismo Holding Corporation

District Court, S.D. New York December 20, 1938

Refractolite Corporation v. Prismo Holding Corporation, 25 F. Supp. 965 (1938)

40 U.S.P.Q. (BNA) 35; 1938 U.S. Dist. LEXIS 1540

Opinion

COXE, District Judge.

I think it is too clear even for argument that such a case as this cannot be disposed of on motion for summary judgment under Rule 56, 28 U.S.C.A. following section 723c. The issues involve the validity and alleged infringement of two unadjudicated patents, and such questions can only be adequately determined after a trial.

The motion for summary judgment is denied.

Reference

Full Case Name: REFRACTOLITE CORPORATION v. PRISMO HOLDING CORPORATION Et Al.
Cited By: 11 cases
Status: Published