248 F. Supp. 842 | S.D. Iowa | 1965
This is a suit for infringement of Patent No. 3,123,403 which was a continuation in part of Application Serial No. 757,441 filed in the United States Patent Office on August 20, 1958.
Defendant has moved for Summary Judgment alleging that the said patent is invalid under 35 U.S.C. Section 185 on the ground that plaintiff failed tó obtain a license under 35 U.S.C. Section 184 before filing foreign applications in Canada, Great Britain and West Germany.
It.is agreed that the said foreign applications were filed prematurely, the or-; ders for the said premature filings having been given on and after January 30, 1959. It is also agreed that on October 28, 1965, plaintiff filed in the patent office a Petition for Retroactive License
This Court is persuaded more by the reasoning of the cases cited by plaintiff and particularly the opinion of Judge Robson in the Blake case, supra. It is the holding of this Court that the retroactive license issued to plaintiff validates the patent in suit.
Defendant’s Motion for Summary Judgment is denied.