Clark v. Ace Rubber Products, Inc.

McNAMEE, District Judge. '

Plaintiffs are the owners of patent 2,-436,139, which .was applied for April 6, 1946 and issued February 17, 1948. They bring this action for infringement. Defendants deny infringement and assert that the patent is invalid. They also allege that plaintiffs do not come into- this court of equity with clean hands and urge dismissal of the action on that ground.

The alleged invention consists of a unitary molded rubber mat designed to1 cover both the tread and riser portions of stairs or steps. Plaintiff James C. Clark is the inventor and owner of a two-thirds interest…