Valvona-Marchiony Co. v. Perella

ORR, District Judge.

This patent case comes before the court for final hearing upon bill, answer, replication, and proofs. The defense by the defendant Gambadella is that he is not a partner of the other defendant, but is merely an employe. No evidence was offered by the *378complainant in support of its averment that Gambadella was a partner, and therefore the bill should be dismissed as to him.

[1] The defenses set up by Perella are that the patent is invalid, and that, even if valid, his apparatus does not infringe complainant’s. That the patent is valid was held by Judge McPherson in the…