Kool Vent Metal Awning Corp. of America v. American Beauty Ventilated Aluminum Awning Co.

KLOEB, District Judge.

This is a suit for infringement of Letters Patent Re-Issue No. 20,975 granted January 10, 1939, being a reissue of original Letters Patent No. 2,-098,705, applied for November 25, 1935, and granted November 9, 1937, for a functional invention relating to a metal awning, it being alleged that claims 16, 17 and 18 of the re-issue patent are being infringed, and also for infringement of United States Letters Patent Design No. 154,550, granted July 19, 1949. The functional patent expires in November of this year.

About the year 1944, Meyer Harrison and Samuel B. Korman…