H. W. Gossard Co. v. Loeber's, Inc.

SPARKS, Circuit Judge.

Appellee charged Loeber’s, Inc., with infringement of two patents to Cunningham, numbered respectively 1,859,198 and 1,899,-890. They are referred to hereafter as the first and second Cunningham patents.

Shortly thereafter appellants filed a suit in the same District Court to restrain appellee from prosecution of the first suit, or any other patent infringement suit based on the first Cunningham patent. These cases were consolidated for hearing, and the District Court held both patents valid and infringed. The same decree denied the relief sought in the second suit, and…