Webb v. Frisch

TREANOR, Circuit Judge.

Plaintiff-appellant brought suit against defendants-appellees to recover damages by reason of the infringement of letters patent No. 2,100,116 and to restrain defendants from further infringement. The patent had been granted to George Farrell Webb, plaintiff. The defenses were non-infringement and invalidity of the patent. The District Court found that the patent in suit had been anticipated by prior public use both by Theodore H. Perlman and Elmer H. Brown. The court stated as its conclusions of law that the Webb patent in suit was invalid and that the plaintiff was…