Excel Auto Radiator Co. v. Bishop & Babcock Mfg. Co.

JONES, Chief Judge.

This was an action for a declaratory judgment as to certain patents. On June 10, 1947, this Court entered judgment for defendant, except as to one claim of the patent owned by defendant which was held to be invalid. The judgment also awarded defendant damages on its counterclaim “together with costs, interest and reasonable attorneys’ fees.”

Plaintiff appealed the case and on March 3, 1948, the Court of Appeals, 6 Cir., 167 F.2d 962, 968, held that: “The judgment of the District Court is reversed as to claim No. 6 of Mayo Patent 2,322,041. In all other respects the judgment…