Duncan & Miller Glass Co. v. Hazel Atlas Glass Co.

HARRY E. WATKINS, District Judge.

This is a patent infringement suit, involving a design patent of a dish. .Only two questions are presented. Is the patent in suit valid? If so, is such patent infringed by the glass dishes made by defendant? The parties are in agreement as to the rules of law by which both validity and infringement are to be determined, leaving only questions of fact for the court.

Upon the question of validity both parties rely upon the rules of law stated in the most recent decision of the Circuit Court of Appeals of the Fourth Circuit involving a design patent. Connecticut…