Magnavox Co. v. Muter Co.

JONES, Chief Judge.

This case was submitted, after full hearing and oral argument, on December 5, 1956.

Plaintiffs brought suit under favor of Chapter 13, Section 146, and Chapter 29, Section 291, United States Code Title 35, having lost in an interference proceeding where patent claims originally issued to Hoekstra were awarded to Smith in reissue No. 238,790.

While not admitting the correctness of the Patent Office decision in the interference, the plaintiffs’ main effort here is directed to their challenge of the validity of claims 6 and 7 of the Smith reissue, originally issued to Hoekstra…