Talbot v. Quaker State Oil Refining Co.

McVICAR, District Judge.

Plaintiffs aver in their bill, that they are the owners of patent 1,890,421 for new and useful improvements in “Non Refillable Receptacles”; that defendant has infringed the same. They seek an injunction and an accounting. Defendant, in its answer, denies validity and infringement. It also sets up as a special defense therein, paragraphs A, B and C, wherein it avers that plaintiffs are estopped and barred by the decree of the Supreme Court of Pennsylvania, 322 Pa. 155, 185 A. 586; that the infringements complained of are within defendant’s contractual rights, as previ…