Davey Tree Expert Co. v. Easton

ROSE, District Judge.

The plaintiffs are the owners of letters patent Nos. 890,967, 890,968, and 958,478. The first two were issued *841June 16, 1908, to James A., John, and Martin L. Davey and the last on May 17, 1910, to Wellington F. Davey. Infringement is charged of the third claim of 890,967, the third, fourth, sixth, and seventh of 890,968, and the first, .second, third, fourth, fifth, eighth, and eleventh of 958,478.

No. 890, 967.

The only evidence offered was for the defendant. He satisfactorily established both invalidity and noninfringement.

No. 890,968.

Defendant concedes the validity of…