Ensten v. Rich-Sampliner Co.

WESTENHAVER, District Judge.

TMs suit is based on United States letters patent 1,303,080, issued August 12,1919, to Louis H. Ensten. Claims 1, 3, 4, and 5 are declared on. *133This is the same patent as was involved in equity ease 573, Ensten v. Rich-Sampliner Co. In that suit it was held that claims 1, 3, 4, and 5 were valid, and that claim 2 was invalid, and on May 24, 1922, an interlocutory decree was entered, awarding a preliminary' injunction and ordering an accounting of profits and damages on the claims held valid, and denied as to claim 2, held invalid. An appeal was taken by defendant,…