Remington Rand, Inc. v. General Fireproofing Co.

MOORMAN, Circuit Judge.

The patent in suit, Dick and Wolters reissue 15,529, January 16, 1923, was in litigation in Remington Rand, Inc., v. Art Metal Construction Co., 45 F.(2d) 136 (C. C. A. 2), and Remington-Rand, Inc., v. Shaw-Walker Co., 65 F.(2d) 618 (C. C. A. 6). In the former case it was held valid; in the lattér its validity was not passed upon. The present suit against another defendant is for infringement of both article and method claims. The defenses are invalidity and noninfringement. The trial court held that claim 1, an article claim, was not infringed, that the other article…