H. W. Roos Co. v. McMillan

MOORMAN, Circuit Judge.

The patent in suit is reissue patent No. 16,736, granted to McMillan. The original patent was granted May 26; 1925, and the application for the reissue was filed November 6, 1926, and granted September 13, 1927. Suit for infringement was filed by the patentee, doing business as M. & M. Wire Clamp Company, against the H. W. Roos Company, exclusive licensee under the Keffer patent, No. 1,590,033, issued June 22, 1926, on an application filed September 10, 1925, The defense was invalidity because of laches and intervening rights. Other defenses were also made, all of which…