Buxton Incorporated v. Julen Incorporated

McLEAN, District Judge.

This is an action for alleged contributory infringement of a patent. Defendant denies contributory infringement, at tacks the validity of plaintiffs’ patent on the basis of certain specified prior patents, and counterclaims for alleged misuse of the patent by plaintiffs. Jurisdiction arises under the Patent Act of 1952 as amended (35 U.S.C. § 1 et seq.). Those facts which are undisputed are as follows:

The patent is No. 2,789,614 issued on April 23, 1957 upon an application filed on June 14, 1955. It is owned by plaintiff Buxton Incorporated (“Buxton”). Plaintiff…