Montgomery Ward & Co. v. Buer

HICKS, Chief Judge.

Plaintiff-appellee brought suit against defendant-appellant for infringement of Patent No. 2,371,472 issued March 13, 1945, to. Arthur George Ruff and appellee Buer for a cart. Ruff assigned his interest in the patent to appellee on October 21, 1947, and appellee brought suit on February 9, 1948.

After the issues had been made up and the trial had proceeded until the close of appellee’s evidence, appellant entered a motion to dismiss on jurisdictional grounds. The substance of the motion was that the court was without jurisdiction because the sale by appellant of a cart…