Westinghouse Electric & Mfg. Co. v. Hesser

SIMONS, Circuit Judge.

The appellant sued for contributory patent infringement, but its petition was dismissed on the ground that the accused sales by the appellee were for purposes of replacement or repair of the patented structures and so did not constitute infringement under the rule of Wilson v. Simpson, 9 How. 109, 13 L.Ed. 66; Keeler v. Standard Folding-Bed Co., 157 U.S. 659, 15 S.Ct. 738, 39 L.Ed. 848; Automotive Parts Co. v. Wisconsin Axle Co., 6 Cir., 81 F.2d 125. No issue of validity is involved and our problem is simply to determine whether the sales were of such nature, either in…