Sterling Varnish Co. v. Louis Allis Co.

GRUBB, District Judge.

This is a patent action. Plaintiff alleges that defendant has infringed claims 2 and 7 of Letters Patent 2,417,538, hereinafter referred to as Letters Patent ’538, which is owned by the plaintiff. The relief prayed for is permanently to restrain defendant from further infringement, to recover damages, and for costs and reasonable attorney fees.

Defendant pleads that its operations do not fall within the claims of plaintiff’s patent, and alleges that Patent '538 is invalid for the following reasons: That it is double patenting; that it is indefinite; and that it is lacking…