Riehm v. Hambleton

SWEENEY, District Judge.

This opinion will deal with two actions which were consolidated for trial. The first seeks to restrain the defendant from the use of a device which the plaintiff claims he invented, and further demands an accounting for profits and damages. The second action is in the nature of a bill in equity as authorized by 35 U.S.C.A. § 63, to review the decision of the Board of Interference Examiners of the Patent Office which awarded priority of invention between these same parties to the defendant Frederick Hambleton. (See Patent Interference No. 79,700, dated October 7, 1943.)…