Schmitt v. Norcor Mfg. Co.

DUFFY, District Judge.

This is a suit alleging infringement of U. S. Patent No. 1,800,107 for folding chair issued to plaintiff on April 7, 1931, on application filed February 26, 1929. Claims 2, 3, 4 and 61 are in issue. Defenses are invalidity and noninfringement.

Although there may be serious doubt as to the validity of at least some of the claims in issue because of anticipation by the prior art, and especially the Cox chair which was manufactured in the summer of 1926, it is not necessary to decide that point as I have concluded the accused chairs manufactured by the defendant do not…