Goodyear Tire & Rubber Co. v. Overman Cushion Tire Co.

Decision of the present case is controlled by the decision in Hart Steel Co. v. Railroad Supply Co., 244 U. S. 294, 37 S. Ct. 506, 61 L. Ed. 1148, the issues of validity and infringement of appellee’s patent No. 1,092,078, in suit, having been fully determined in litigation in the Second circuit against the sales subsidiary of the appellant. Overman Cushion Tire Co. v. Goodyear Tire & Rubber Co., Inc. (C. C. A.) 40 F.(2d) 460. Contention is made by the appellant that the issues and proofs as to infringement are not the same in the present case as in the case in the Second circuit, but an…