Mallinckrodt Chemical Works v. E. R. Squibb & Sons

REEVES, District Judge.

This is a suit for an alleged infringement of United States patent No. 1,370,865, granted March 8, 1921, to Frederick Westerbeek, but now owned by plaintiff, Mallinckrodt Chemical Works, a corporation.

The bill seeks an injunction against the defendant and prays for an accounting of profits.

The defendant, on its part, denies infringement, challenges the validity of the patent for lack of invention, in view of the prior state of the art, and asserts anticipation by patent No. 260,432, granted to Francis A. Walsh July 4, 1882. The defendant asserts that even if valid, its…