Pollen v. Ford Instrument Co.

PATTERSON, Circuit Judge.

The plaintiffs brought suit for infringement of six patents. The district judge found that infringement within six years preceding the commencement of suit had not been proved, and dismissed the complaint. He did not decide whether the patents were valid or whether the defendant’s acts prior to the six year period were infringements.

The plaintiffs’ patents were for range keepers used on naval vessels in connection with gun fire. The patents had expired prior to commencement of suit, and the only relief available to the plaintiffs was profits or damages for past…