Cookingham v. Warren Bros.

(after stating the facts as above). Our understanding of Warren’s invention is that the mineral aggregate detailed by him of itself resists displacement by traffic. Stability is obtained by following his idea, and is due to the arrangement of the mineral • structure which enables the use of a softer asphalt than would be otherwise practical, and'this is so by reason of the fact that a greater proportion of the wear and strain is carried by the mineral elements than by the binding constituent.

An unusually long history of litigation surrounds the Warren patent. In Warren Bros. Co. v. Owosso…