Star Can Opener Co. v. Bunker-Clancey Mfg. Co.

GARDNER, Circuit Judge.

Appellant, as plaintiff in the lower court, brought suit to enjoin the alleged infringement by the defendant of patent No. 1,360,-256, issued on November 30, 1920, to Edwin Anderson and by Anderson assigned to the plaintiff. The patented device is a can opener. It is alleged that the defendants have been infringing this patent by the manufacture and sale of a can opener. The answer is the conventional answer, denying the validity of plaintiff’s patent and denying infringement. The court below did not pass upon the validity of the patent, but held that there was no…