Kendall Co. v. Earnshaw Knitting Co.

D. Massachusetts

Kendall Co. v. Earnshaw Knitting Co.

1 F.R.D. 357, 45 U.S.P.Q. (BNA) 640, 1940 U.S. Dist. LEXIS 1946

CourtDistrict Court, D. Massachusetts

DecidedMay 1, 1940

DocketNo. 311

StatusPublished

This text of 1 F.R.D. 357 (Kendall Co. v. Earnshaw Knitting Co.) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kendall Co. v. Earnshaw Knitting Co., 1 F.R.D. 357, 45 U.S.P.Q. (BNA) 640, 1940 U.S. Dist. LEXIS 1946 (D. Mass. 1940).

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Opinion

McLELLAN, District Judge.

The defendant’s motion for a summary judgment which is based in part upon an averment that a patent is invalid for want of invention in view of the prior art is denied because, after hearing counsel, I cannot say with assurance that “there is no genuine issue as to any material fact” within the meaning of those words as appearing in rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. This denial of the defendant’s motion is, of course, without prejudice to either of the parties and no costs are to be awarded in connection therewith.

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McLELLAN, District Judge.

The defendant’s motion for a summary judgment which is based in part upon an averment that a patent is invalid for want of invention in view of the prior art is denied because, after hearing counsel, I cannot say with assurance that “there is no genuine issue as to any material fact” within the meaning of those words as appearing in rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. This denial of the defendant’s motion is, of course, without prejudice to either of the parties and no costs are to be awarded in connection therewith.

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Bluebook (online)

1 F.R.D. 357, 45 U.S.P.Q. (BNA) 640, 1940 U.S. Dist. LEXIS 1946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kendall-co-v-earnshaw-knitting-co-mad-1940.