Flexlume Sign Co. v. Opalite Sign Co.

EVAN A. EVANS, Circuit Judge.

Appellant instituted two suits to restrain the infringement of certain patents and to recover damages for unfair competition. It also sought to restrain the infringement of its trade-mark “Oplex.” The two suits, though separate, were tried together in the District Court; both defenses being conducted by the Opalite Sign Company. We will dispose of both in one opinion.

The infringement of three patents was charged in the complaint, but only two are here urged, No. 1,146,910 and No. 1,224,253, both to Wiley and Hough. The former is a process patent, while the latter…