Matthews v. Koolvent Metal Awning Co.

The District Judge, I think, correctly held the claims 3, 4, 5, 9 and 10 of the Matthews patent, Re. 21,003, to be valid, but not infringed by the defendant’s awnings, which were made under license from the owners of the Houseman patent, Re. 20,925, and in strict conformity to claims 11, 12, 13, 14 and 15 thereof. The deference due to the expert judgment of the Patent Office, under the evidence in this case, fairly requires both conclusions. Our disagreement relates only to the matter of infringement. The Patent Office conclusions ought to be followed as to that matter too. This is not to say…