Larkin Automotive Parts Co. v. Bassick Mfg. Co.

EVAN A. EVANS, Circuit Judge.

This appeal involves the validity and infringement of three patents, to wit, Gullborg patent 1,307,733,“Gullborg patent 1,307,734 and Zerk patent 1,475,980, all owned by appellee. Before considering the defenses to Gullborg’s second patent, we must determine the effect of a recent decision of the Circuit Court of Appeals of the Sixth Circuit (18 F.[2d] 29), wherein the claims here contested were sustained and found to be infringed.

Upon motion of appellee and with consent of appellants, the decree appealed from in that ease, the opinion of Judge Denison, and the…