Philad Co. v. Vanatta

McCORMICK, District Judge.

At the conclusion of the hearing of this suit on the merits, the court, upon the record and in conformity with the decision of the Ninth Circuit Court of Appeals, 1938, in Johnson Co. v. Philad Co., 96 F.2d 442, held the patent in issue to be valid, and also under the aforesaid binding appellate decision and the evidence here, concluded that claims 2, 3, 4 and 5 of reissue patent No. 18,841 are valid unless at least one of three special defenses interposed in this action, and not considered in the Johnson appeal, has been established. These defenses are,…