Grinnell Washing Mach. Co. v. Clarinda Lawn Mower Co.

WADE, District Judge.

[1] The principal defense is noninfringement. There is no proof relating to the validity of the patent, except what may appear in affidavits, and inasmuch as the Circuit Court of Appeals of this Circuit, in Newton Washing Machine Co. v. Grinnell Washing Machine Co., 222 Fed. 512, 138 C. C. A. 112, has specifically determined that the patent is valid, it is the duty of this court to accept such adjudication as a guide herein. I do not hold that this is an adjudication as to the defendants; but, in the absence of any issue or proof introducing new defense or new evidence,…