Teledyne Mid-America Corp. v. International Telephone & Telegraph Corporation

ALDRICH, Chief Judge.

This is an action for infringement of Patent No. 2,867,001, issued to E. H. Lewis et al. January 6, 1959. The district court, in an extensive and considered opinion, 325 F.Supp. 424, held the patent invalid for a number of reasons, including indefiniteness, and for this last reason found, alternatively, that plaintiff had failed to prove infringement. We affirm.

There is a commercial need for a marking device to imprint or emboss information upon the surface of a rubber- or synthetic rubber-coated electric cable. Because of the rough usage that some cable is given, it is…