Aeration Processes, Inc. v. Walter Kidde & Co.

KNIGHT, District Judge.

The Amended Complaint alleges the infringement of two patents, to wit: No. 2,-281,604, issued May 5, 1942, to A. H. Smith; and No. 2,294,172, issued August 25, 1942, *643to Charles Getz. The defendant Kidde Manufacturing Co., Inc., answering, denies infringement and alleges the invalidity of the two patents. At the opening of the trial, the so-called mechanical patent, No. 2,281,604, was withdrawn from the suit.

The trial proceeded as if limited to the issues of the validity and infringement of this process patent and to those raised hy this moving defendant’s counterclaim.…