Lester v. American Rolling Mill Co.

SIMONS, Circuit Judge.

The bill in the present patent infringement suit was dismissed on the ground that alleged infringement had been discontinued many years before the action was brought, and there being no reason to apprehend its resumption, the case was not one for invoking the equity jurisdiction of the court.

The patent in suit is to Lester, No. 1,389,059, granted August 30, 1921, upon an application filed May 8, 1920. As originally issued it was for an air-preheating mechanism for mill furnaces. Approximately thirteen years after issue, the patentee, on March 30, 1934, disclaimed from…