Higginson v. Leffler

CAMPBELL, District Judge.

This is a suit for the alleged infringement of Patent No. 1,473,546 issued to William Eiermann for Weighted Scraper granted November 6th, 1923, on an application filed April 22nd, 1919.

The Patentee, William Eiermann, who was the original plaintiff in this suit, died while the suit was pending, and it was thereafter revived and continued in the name of his Executor, the present plaintiff.

The defendant interposed an answer setting up the defenses of invalidity and non-infringement, but on the trial the defendant stipulated that if Claims 1 and 3 of the said- Patent are…