Anthony L. Nugey v. Oliver Manufacturing Supply Co., a Corporation of New Jersey, and Mamiepellegrino, of the Estate of Pasty Pellegrino

LANE, District Judge.

Plaintiff, Anthony L. Nugey, instituted this action against defendants, Oliver Manufacturing Supply Company and Patsy Pellegrino, alleging infringement of United States Patent 2,575,462, which describes an apparatus for curing building blocks. Defendants raised the defenses of invalidity and non-infringement. Claim of invalidity was based upon want of invention over prior art and non-infringement upon a license that plaintiff had granted defendants and defendants’ shop rights therein. Jurisdiction is founded upon 28 U.S.C. § 1338.

This appeal is from the district court’s…