American Sulphite Pulp Co. v. Burgess Sulphite Co.

ANDERSON, Circuit Judge.

This patent infringement suit has an unusual setting. It was filed on April 30, 1907, for the alleged infringement of the Russell patent, No. 445,235, dated January 27, 1891. The ease was tried before Judge Lowell in May, 1923—15 years after the expiration of the patent on January 27, 1908. At the end of a 2 weeks trial, the learned District Judge disposed of the ease in a brief oral opinion, as follows:

“I am going to give my decision on this now. I have made up my mind, and there is no use in waiting.

“I think that the patent to Russell should be limited to…