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Reeves Brothers, Inc. v. United States Laminating Corp. and Travis Rauch

282 F. Supp. 118, 157 U.S.P.Q. 235 (1968)

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Reeves Brothers, Inc. v. United States Laminating Corp. and Travis Rauch

United States District Court for the Eastern District of New York
282 F. Supp. 118, 157 U.S.P.Q. 235 (1968)

Facts

A patent describing a foam-lamination process (the Dickey patent) was assigned to Reeves Brothers, Inc. (plaintiff), which initiated an infringement action against United States Laminating Corp. (defendant) and Travis Rauch (defendant) in federal district court. United States Laminating Corp. and Rauch challenged the validity of the Dickey patent on a number of grounds, including anticipation by specifications disclosed in a Gebrauchsmuster (GM), also known as a utility model. GMs were a form of patent protection issued by the German patent office and were effective for less time (six years) than regular German patents (18 years) and required a more time-consuming application process. Also, unlike standard German patents, GMs did not require novelty and were not printed publications. Finally, GMs excluded processes from protection.

Rule of Law

Issue

Holding and Reasoning (Bartels, J.)

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