Lowell v. Triplett

SOPER, Circuit Judge.

The three United States patents involved in this suit, namely, Lowell and Dunmore, No. 1,455,141, Dunmore, No. 1,635,-117, and Dunmore and Lowell, No. 1,606,-212, were involved in three earlier suits in the District Court of Delaware, Dubilier Condenser Corporation et al. v. Radio Corporation of America, 34 F.(2d) 450, wherein it was held that the first two patents were valid and infringed, and that the third patent was not infringed. Plaintiffs did not appeal from the adverse decision upon the third patent, but the Radio Corporation of *557America prosecuted appeals from the…