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GE v. REFRIGERATION PATENTS CORP.

DISTRICT COURT, W.D. NEW YORK


March 8, 1946

GENERAL ELECTRIC CO.
v.
REFRIGERATION PATENTS CORPORATION

On Motion for Rehearing.

The is a motion for a rehearing. It is based upon grounds considered on the motion for a summary judgment heretofore made herein. I adhere to my decision that a justiciable controversy is presented and that the court, therefore, has jurisdiction.

The plaintiff proposes to move for a declaratory judgment on the ground that the subject matter of the patent was in use more than two years prior to the amendment by which Claim 11 was added. Issue has not been joined herein. An appeal in Refrigeration Patents Corp. v. Stewart-Warner Corp. (Civil Actions No. 43 C 743 and No. 43 C 744 involving Claim 11 of Patent No. 2,056,165) is pending before the 7th Circuit, and it is said it will be argued at the approaching April term of that court. The defendant urges the stay of all proceedings herein pending determination of that appeal, in case the motion to dismiss is denied. That question may properly come up after issue is joined and any motion on the pleading has been made, and therefore, the request is now denied.

19460308

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