Myers v. Beall Pipe & Tank Corp.

JAMES ALGER FEE, District Judge.

Myers was granted patent 2,090,874, covering a logging trailer, on August 24, 1937, and is the sole owner thereof. At the initiation of the relationship between the plaintiff and defendant, the latter had manufactured certain trailers under license from Myers. Thereafter defendant built certain other trailers which are claimed to be in infringement of the patent. The pretrial order herein defines the issues as follows: (1) Was the license agreement performed by defendant? (2) Was the patent limited by the prior art so that trailers made by defendant are not…