Lipper Mfg. Co. v. American Brand Trimming, Inc.

KNOX, District Judge.

If the law, as it has been declared, permitted, I should be disposed to hold that defendant’s ownership and exploitation of Steinberg’s patent, No. 1,664,271, of March 27, 1928, had worked an estoppel of the defense of noninvention here interposed to the alleged infringement of Lipper patent, No. 1.661,141. of February 28, 1928, for a bandeau. While the record is open to a fairly strong inference that Steinberg’s idea for his net was not original, but was brought to him by the sales manager of defendant, who had probably seen the Lipper net, the facts before the court are…