Bros Inc. v. Davidson

This is a petition for writ of mandamus or prohibition. By opinion dated July 3, 1963, this Court affirmed, as modified, a judgment awarding Bros, Inc., Patentee-Petitioner, damages for infringement of its patent. Bros, Inc. v. W. E. Grace Mfg. Co., 5 Cir., 1963, 320 F.2d 594. We also remanded for trial on its merits the Infringer’s claim for F.R.Civ.P. 60(b) relief asserting the invalidity of the patent because of prior publication. As the remand was for a trial of the limited aspect of possible equitable relief from the judgment, our mandate provided that the District Court should not stay…