Tumbler v. Baltimore Paint & Color Works, Inc.

CHESNUT, District Judge.

In this patent case an interlocutory decree, finding the validity of the plaintiffs’ patent with respect to certain enumerated claims and infringement thereof by the defendants, was filed June 27, 1935. On July 24, 1935, the defendants filed a petition for rehearing with affidavits and exhibits setting out certain alleged newly discovered evidence which, it was alleged, constituted a defense to the patent based on prior knowledge and public use. This was opposed by the plaintiffs. After examination of the papers and after hearing counsel orally on the motion and…