Mike Levine, Inc. v. Baer

S.D. New York

Mike Levine, Inc. v. Baer

32 F. Supp. 575, 44 U.S.P.Q. (BNA) 654, 1939 U.S. Dist. LEXIS 1749

CourtDistrict Court, S.D. New York

DecidedDecember 13, 1939

StatusPublished

Cited by3 cases

This text of 32 F. Supp. 575 (Mike Levine, Inc. v. Baer) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mike Levine, Inc. v. Baer, 32 F. Supp. 575, 44 U.S.P.Q. (BNA) 654, 1939 U.S. Dist. LEXIS 1749 (S.D.N.Y. 1939).

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Opinion

COXE, District Judge.

The patent on which this suit is based was not issued until after the action was started; the subsequent issue of the patent was, therefore, ineffective to support the action. The defect cannot be cured by amendment. American Bonding & Trust Co. v. Gibson County, 6 Cir., 145 F. 871, 7 Ann.Cas. 522; Eveland v. Detroit Machine Tool Co., D.C., 18 F.2d 968.

The motion of the defendants to dismiss is granted.

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COXE, District Judge.

The patent on which this suit is based was not issued until after the action was started; the subsequent issue of the patent was, therefore, ineffective to support the action. The defect cannot be cured by amendment. American Bonding & Trust Co. v. Gibson County, 6 Cir., 145 F. 871, 7 Ann.Cas. 522; Eveland v. Detroit Machine Tool Co., D.C., 18 F.2d 968.

The motion of the defendants to dismiss is granted.

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Bluebook (online)

32 F. Supp. 575, 44 U.S.P.Q. (BNA) 654, 1939 U.S. Dist. LEXIS 1749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mike-levine-inc-v-baer-nysd-1939.

Opinion

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