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GLAUDEL v. HIATT

No. 4373.

3 F.2d 996 (1925)

GLAUDEL et al. v. HIATT.

Circuit Court of Appeals, Ninth Circuit.

February 16, 1925.

Attorney(s) appearing for the Case

Herman Miller, of Los Angeles, Cal., for appellants.

G. E. Harpham, of Los Angeles, Cal., for appellee.

Before ROSS, HUNT, and RUDKIN, Circuit Judges.

ROSS, Circuit Judge.

We do not find it necessary to decide the question raised regarding the validity of the appellants' patent for the reason that, assuming it to be valid, it does not appear that the appellee in any way infringed it. The record contains none of the evidence given in the trial court other than a stipulation by the respective parties to the effect that the appellant has received certain specified royalties for the use of his device. The patent sued...

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