Swan Carburetor Co. v. General Motors Corporation

WESTENHAVER, District Judge.

This action is brought to recover royalties alleged to be due under a license agreement. A jury trial was waived in writing, and the ease tried to the court. The testimony, oral and documentary, is voluminous. The considerations urged in argument are too numerous to be discussed in detail, but I believe that none has been overlooked. In this memorandum, however, I shall deal briefly with such points only as I deem controlling.

The article involved is a manifold for internal combustion engines The main controversy turns on whether defendant’s manifold

is within the…