Herman Nelson Corp. v. John J. Nesbitt, Inc.

TUTTLE, District Judge.

This is an equity suit involving re-issued patent No. 18374 to W. Shurtleff of March 1, 1932. It has to do with unit heating and ventilating structures. As usual, the bill alleges title validity and infringement, and, as usual, the defendant pleads invalidity and noninfringement. There are other defenses. The reissue feature presents unusual problems which might be considered, but I accept the patent in the form in which it was reissued, with the presumption of validity surrounding it.

There is the somewhat unusual defense as to whether or not Shurtleff was the man who…