Denis v. Ellis, Inc.

ALDRICH, District Judge.

This is a suit for the infringement of U. S. patent No. 2,510,622 in which the defendant, a vendor, has counterclaimed for a declaration of invalidity. *584The parties will be referred to in their original capacities, the plaintiff in the singular, although actually there are two plaintiffs, the originator and owner of the patent, and the sole licensee and manufacturer.

The individual plaintiff, for nearly fifty years, has been associated with the automobile business, principally in the repair and maintenance end. In this connection it came to his attention that there was a…