Fairbanks, Morse & Co. v. American Valve & Meter Co.

ALSCHULER, Circuit Judge.

Plaintiffs . (American Valve & Meter Co. et al.) brought suit.against defendant (Fairbanks, Morse & Co.) for infringement of claims of Johnson patent, No. 818,968, April, 1906, and of Fenner Patent, No. 782, 496, February, 1905. The District Court held the claims of the Fenner patent void, and held valid and infringed claims 1, 21, and 38 of the Johnson patent. Plaintiffs ac*104cepted the decree as to the Fenner patent, leaving here in issue only these Johnson claims.

The same parties were before this court in 1917 in an action for infringement of the same claims, and we…