Parmelee Pharmaceutical Company, and William v. Consolazio v. Lawrence C. Zink, D/B/A Zink Safety Equipment Company

BLACKMUN, Circuit Judge.

This patent infringement action is one instituted by William V. Consolazio, patentee and owner, and Parmelee Pharmaceutical Company, exclusive licensee, against Lawrence C. Zink, d/b/a Zink Safety Equipment Company, seller of the accused product. Injunctive relief and damages are sought. The action is defended by Zink’s manufacturer, Standard Safety Equipment Company; the defenses alleged are non-infringement, invalidity, and file wrapper estoppel. The District Court held that the patent was not infringed by the accused product and dismissed the complaint.

United States…