Ernst Johan Jens Henriksen and W. A. Sheaffer Pen Company v. Cory Corporation

DUFFY, Circuit Judge.

This is a suit alleging infringement of Henriksen Patent No. 2,678,634 issued on May 18, 1954, and entitled “Writing Instrument.”

Co-plaintiff, W. A. Sheaffer Pen Company, acquired from Henriksen an exclusive right to make, use and sell in the United States, writing instruments embraced within the scope of the claims of the Henriksen patent.

The patent in suit relates to the construction of a ballpoint pen. The specification describes the pen as including an ink reservoir and a writing ball mounted in a nib in the forward end of the reservoir. Two vents are provided in the…