Modern Products Supply Co. v. Drachenberg

ALLEN, Circuit Judge.

This appeal arises out of a suit for infringement of Jenkins patent No. 1,953,714, of which the plaintiff 1 is the assignee. The defendant counter-claimed and asserted that the plaintiff was infringing Drachenberg patent No. 2,273,093. The complaint was dismissed by the trial court on the ground that the Jenkins patent was not infringed, and the claims of the counterclaim were sustained, the Drachenberg patent being found valid and infringed. Questions of trademark infringement and breach of contract asserted below are not raised in this court.

Each of the patents in suit…