FOLLEN v. LAMBERT TIRE & RUBBER CO.

No. 1350.

8 F.2d 303 (1925)

FOLLEN v. LAMBERT TIRE & RUBBER CO.

District Court, N. D. Ohio, E. D.

July 9, 1925.


Attorney(s) appearing for the Case

Smith & Freeman, of Cleveland, Ohio, for plaintiff.

A. E. Dieterich, of Washington, D. C., and George B. Pitts, of Cleveland, Ohio, for defendant.


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 three 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...

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