Economy Baler Co. v. Solar Sturges Mfg. Co.

HICKS, Circuit Judge.

This is a patent suit. Plaintiff alleges infringement of patent No. 1,491,842, issued April 29, 1924, for a fire proof waste can by the manufacture and sale of certain metal waste containers.

Defendants do not seriously contest the validity of the patent in suit. They admit that their old type structure (Plaintiff’s Exhibit A) reads on the claims in suit, but they deny that they have sold this old type can since the issuance of the plaintiff’s patent. They deny that their new type can (Defendants’ Exhibit No. 1) infringed. The court held that defendants infringed claim 3…