Liberty Machine Co. v. T & M Machine & Tool Corp.

BYERS, Chief Judge.

This plaintiff seeks an injunction against the defendants on the theory that the latter have contributorily infringed the former’s patent No. 2,675,-852 granted April 20, 1954 on application filed June 5, 1953.

In addition to denying the misconduct attributed to it, the defendants plead invalidity of the patent and seek an appropriate decree.

For reasons to be stated, it is the present view that this litigation is not the appropriate vehicle for deciding the question of validity.

The patent contains twelve claims, of which 1, 2, 3, 4 and 6 were agreed to be in suit. The first…