P & D Sales & Mfg. Co. v. Winter

KNOCH, Circuit Judge.

Plaintiff-appellee, P & D Sales & Mfg. Co., hereinafter called “P & D,” brought action in the United States District Court against the defendants-appellants, Billy B. Winter, owner of United States Letters Patent No. 2,940,639, and New Holland Machine Company, hereinafter called “New Holland,” his exclusive licensee.

P & D also sought adjudication of non-infringement for the mechanized live stock feeders which it makes and sells.

The defendants denied the plaintiff’s allegations and counter-claimed for infringement of the Winter patent. The defendants stated that they would…