Lehman Co. of America, Inc. v. Appleton Toy & Furniture Co.

SPARKS, Circuit Judge.

This appeal is taken from the District *989Court’s order oí May 22, 1944, denying defendant’s petition to modify the final decree entered in this cause on August 4, 1942.

Tn the original action plaintiff had charged defendant with infringement of claim 3 of plaintiffs United States Patent No. 1,724,369, issued August 13, 1929. By interlocutory decree of October 13, 1941, the court decreed the claim valid and infringed, permanently enjoined Appleton from making, using or selling any high chair in infringement of claim 3, and ordered an accounting and payment to plaintiff of…