Getty v. Kinzbach Tool Co.

SIBLEY, Circuit Judge.

The appellant Fred I. Getty was granted patent No. 1,502,428 on July 22, 1924, covering a whipstock for oil wells. He operates a machine shop and some oil wells. He did not manufacture commercially his invention, but made about thirty of his whipstocks for his own use, and about an equal number on special orders for other persons. The appellee since 1926 has been in the business of making and selling somewhat similar whipstocks; has advertised extensively and exhibited them at shows, and prior to this suit had sold about 2,000 whip-stocks, This suit for injunction and…