Banning v. Sears, Roebuck & Co.

SIMONS, Circuit Judge.

Appellant owns Edelman patent No. 1,-680,370, issued August 14, 1928, on application made March 23, 1925, for a “radio power supply unit,” and brought the usual infringement suit against the vendor of receiving sets manufactured by the Colonial Radio Corporation. While both validity and infringement were in issue, the court below, finding infringement not established, thought it unnecessary to pass upon validity of the patent and entered a decree dismissing the bill. This appeal followed.

The claims in suit have heretofore been litigated in the Seventh Circuit, where a…