Lensch v. Metallizing Co. of America

JENNEY, District Judge.

This case was tried by the late District Judge William P. James, and, after his death, was transferred to this court. By approved stipulation, the cause is to be decided by me upon the pleadings and the testimony, oral and documentary, and the physical exhibits, received during the trial. Briefs and arguments have been supplied by counsel for each side.

The complaint, filed January 13, 1939, contains the usual allegations of patent grant, ownership, marking, notice and infringement. The patent in suit, No. 2,096,-119, for a metal spray gun was applied for April 13, 1936,…