Gillen v. Reynolds Metals Co.

LEAHY, District Judge.

Plaintiffs ask damages1 for contributory infringement of Claim 1 of their patent No. 2,018,061, issued October 22, 1935. The claim relates to the combination of a particular type of transparent pouring lip closure with a “relatively heavy” glass wall milk bottle. Not a milk bottler, defendant did not itself use the combination. However, it is contended and substantially conceded that defendant did manufacture bottle hoods of the type used in the combination, so that it is guilty of contributory infringement if plaintiffs’ patent is valid.

Claim 1 claims a combination. It…