Carey v. Ford Motor Co.

SIMONS, Circuit Judge.

Nine years after appellants had given notice of an alleged infringement by the appellee of Ferguson pat'ent No. 1,089,405, they instituted their suit, on September 14, 1929. Trial was had and the cause submitted in January, 1932. More than five years later, in February, 1937, a memoíandum decision directed dismissal of the bill — on the ground of laches. A year later, however, findings of fact and conclusions of law were adopted basing decision not only on laches but also on noninfringement.

The Ferguson patent is for a reinforced concrete dock or pier, adjudicated by us…