Bendix Corp. v. Freeland Gauge Co.

OPINION

KAESS, District Judge.

Plaintiff, The Bendix Corporation * a corporation of the State of Delaware, seeks an injunction and damages against Freeland Gauge Company, a Michigan corporation, for alleged infringement of Claims 9-13 and 15 of its Aller Patent No. 2,593,957. Jurisdiction and venue have been admitted.

Defendant asserted the patented claims to be invalid for “obviousness” under the Patent Statutes, 35 U.S.C. § 103, as well as because the claims attempt to “recapture the monopolies surrendered upon the expiration of certain earlier Aller patents owned by plaintiff.”

The…