Claude Neon Lights, Inc. v. Rainbow Light, Inc.

GALSTON, District Judge.

This is a patent suit in which infringement is alleged of letters patent No. 1,726,-107, to Gustav Ludwig Hertz, issued August 27, 1929, for an electric discharge tube.

The defenses are lack of invention and noninfringement.

The patent relates particularly to electric discharge tubes which have a positive column light for lighting purposes. The intended commercial use was for advertising signs.

The specification points out that, as was known in the prior art, in such discharge *385tubes a gaseous filling of neon radiated a red color. It was also known that the addition of a…