Dr. Salsbury's Laboratories v. I. D. Russell Co. Laboratories

COLLET, Circuit Judge.

This is an action for active inducement to infringe and contributory infringement of a patent, wherein plaintiff prays both treble damages and injunc-tive relief. From a summary judgment entered in favor of defendant by the District Court below, plaintiff appeals.

The factual background surrounding the alleged infringement is not new to this court. In I. D. Russell Co. v. Dr. Salsbury’s Laboratories, 8 Cir., 1952, 198 F.2d 473, we held under identical facts that plaintiff’s own patent misuse effectively barred recovery. It is plaintiff’s instant contention that, as a…