Patent infringement suit by the Refractolite Corporation against the Prismo Holding Corporation and others. On motion for summary judgment.
Motion denied.
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.