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ELEVATOR SUPPLIES CO. v. BOEDTCHER

11 F.2d 609 (1924)

ELEVATOR SUPPLIES CO., Inc., et al. v. BOEDTCHER.

District Court, D. New Jersey.

November 14, 1924.

Attorney(s) appearing for the Case

Emerson R. Newell and H. Dorsey Spencer, both of New York City, for complainants.

Richard Eyre and Ralph L. Scott, both of New York City, for defendant.

BODINE, District Judge.

The Elevator Supplies Company, Incorporated, is the exclusive licensee for the Herzog patent, 1,022,089, and the owner of the Newell patent, 1,160,315, and the Andren patent, 1,109,950. It was conceded at the trial that the plaintiff had sufficient title to maintain a suit. The defenses are noninfringement, invalidity, and some equitable defenses arising from the length of time the Herzog patent was leisurely allowed to rest in the Patent Office...

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