De-Raef Corp. v. Horner Sales Corp.

MARIS, Circuit Judge.

The De-Raef Corporation, a Missouri corporation, instituted this action for damages against Horner Sales Corporation, a Pennsylvania corporation, for infringement of its patent, No. 1,935,596. The defendant answered by denying any infringement and contended, first, that the patent was invalid for want of novelty and, second, that the defendant, as assignee, holds a license issued by the plaintiff, which authorizes the manufacture and sale of the patented product. At the same time the defendant filed a counterclaim to Which the plaintiff filed a reply. It has also filed a…