Follen v. Lambert Tire & Rubber Co.

JONES, District Judge.

This is a suit in equity for infringement of plaintiff’s design patent No. 55,600, issued July 6, 1921.

The defendant tenders throe defenses: First, that the patent is void for lack of invention because anticipated by prior invention and art; second, if the patent is an advance over prior art, it is limited to the exact details disclosed therein; third, non-infringement.

There is another reason for challenging validity, which does not appear to have been presented or urged by the defendant. It seems to me, however, that it is one which should be taken note of by the court…