Frederick B. Stevens, Inc. v. Steel & Tubes, Inc.

SIMONS, Circuit judge.

Begun as a patent infringement suit and resulting below in the dismissal of the bill, the issues presented for decision by the appeal involve not merely the validity of patents, but because of the defense of license express and implied, an interpretation of contracts entered into by the parties, originally and in settlement of controversies that later arose. Consideration of the validity of the patent claims, in suit and the question of their infringement, will be re quired only if we find untenable the appel-lee’s defense of license.

The patents involved, though now…