Buckeye Incubator Co. v. Boling

MOORMAN, Circuit Judge.

In 1924 the appellants, Buckeye Incubator Company and Samuel B. Smith, sued the appellee, Boling, in the United States Dis*966triet Court for the District of Indiana for infringement of the Smith patent, No. 1,262,-860. The defenses set up in the answer were invalidity and noninfringement. Upon the trial the defense of invalidity was abandoned and the cause submitted to and determined by the court upon the issue of infringement alone. Upon that issue there was a decree dismissing the bill. The decree so rendered was never appealed from. Subsequently Boling manufactured and…