Son v. Pressed Steel Car Co.

THACHER, District Judge.

Since the original argument of this motion, the matter has been fully reargued and thoroughly presented upon written briefs. It appears from the .decision of the Circuit Court of Appeals for this circuit in Le Roy v. De Vry Corporation, 16 F.(2d) 18, to which no reference was made upon the oral argument, that the conclusion then reached that the motion should be denied was wrong.

The complaint is the usual bill in equity for patent infringement. It was filed three days, and subpcena was served one day, before expiration of patent. Judge Hough, in his opinion in the Le…