E. R. Wagner Mfg. Co. v. Porter Steel Specialties

SPARKS, Circuit Judge.

Appellants charged appellee with the infringement of United States patent to Smith, No. 1,898,318, issued February 21, 1933, on an application filed July 13, 1931. Appellant Callan owns the patent, and the appellant company is the exclusive licensee. The defenses were invalidity and non-infringement. The District Court held the claims invalid and dismissed the bill for want of equity. From that decree this appeal is prosecuted. Appellee now admits infringement if validity is established.

The Smith patent relates to combs for cleaning the rotary brushes of carpet sweepers.…