Holland Co. v. American Steel Foundries

LINDLEY, Circuit Judge.

In the District Court, plaintiff charged defendant with infringement of Claim 10 of the patent to Goodwin 2,053,989, issued September 8, 1936. Defendant asserted invalidity and noninfringement. The District Court found that defendant had not infringed and, believing it unnecessary, therefore, to pass upon the defense of invalidity, declined to consider the latter and, though expressing doubt as to validity, made no findings or conclusions as to novelty, utility or patentable invention, essentials of validity. Consequently, the only issue within the scope of the review…