John Tuman & Sons, Inc. v. Basse

CHASE, Circuit Judge.

This appeal brings up the question of whether or not an infringer may successfully defend a suit for the infringement of a patent by showing that the plaintiff has only such title as may be obtained by an assignee before the patent issued when the assignment was not recorded in the Patent Office in conformity to the provisions of 35 U.S.C.A. § 44. The action was the usual one in equity and the trial judge found the patent valid and infringed but dismissed the complaint because the assignment had not been recorded under the provisions of the above statute. No question as…