Miller v. Liggett & Myers Tobacco Co.

McCrary, Circuit Judge,

(orally). We have considered the case of Miller et al. v. The Liggett & Myers Tobacco Company et al., so far as the question of estoppel is concerned. The suit is brought to determine the validity of certain letters patent belonging to these plaintiffs. The same question was involved in *543the case of Miller v. Foree, tried in the district of Kentucky, in which there was a decree sustaining the validity of the patent in so far as the first claim is concerned, and, as the patentee has waived anything beyond that claimed, that decree sustains the the claim of the validity of…