Everest v. Duke

SPARKS, Circuit Judge.

Appellees charged appellant with infringement of claims 1, 2, 5, 6, 7, 8 and 9 of United States Patent No. 2,095,411, and claim 11 of United States Patent No. 2,-181,420. Both patents were issued to appellees on the respective dates of October 12, 1937, and November 28, 1939, on applications filed respectively on February 11, 1936, and on October 8, 1937. The defenses were invalidity and non-infringement. The court made special findings of facts and stated its conclusions of law thereon, holding all claims in issue valid and infringed by appellant. It rendered a decree…