Laufenberg, Inc. v. Goldblatt Bros., Inc

DUFFY, Circuit Judge.

In this action plaintiff claimed infringement of three patents owned by it, to wit, Wimmer, No. 1,863,211, Herodes et al., No. 2,180,902, and Laufenberg, No. D-150,306. Before the trial plaintiff withdrew Wimmer and all' claims of Herodes except Claim 2. In its answer defendant demanded that reasonable attorney’s fees be assessed against the plaintiff. The district court held that Claim 2 of the Herodes patent was not infringed and also held that both Wimmer and Herodes patents were invalid. Upon appeal this court affirmed, 179 F.2d 832 — opinion dated Feb. 10, 1950,…