Federal Machine & Welder Co. v. Mesta Machine Co.

McVICAR, District Judge.

This is a civil action, the purpose of which is to restrain the defendant from alleged infringement of claims 1, 4, 12 and 13 of the McBerty patent No. 1,832,719, and for an accounting of profits and damages. The issues are the validity of said claims, whether the defendant has infringed the same and whether plaintiff is entitled to an accounting for profits and damages.

Defendant contends that said claims are invalid, and while the defenses vary slightly as to the different claims, the defense of invalidity, generally, is that said claims cover an exhausted…