BAKE-RITE MFG. CO. v. TOMLINSON

No. 4885.

16 F.2d 556 (1926)

BAKE-RITE MFG. CO. v. TOMLINSON et al.

Circuit Court of Appeals, Ninth Circuit.

December 20, 1926.


Attorney(s) appearing for the Case

Chas. E. Townsend and Wm. A. Loftus, both of San Francisco, Cal. (Wm. S. Graham, of San Francisco, Cal., of counsel), for appellant.

Fraley & Paul, of Philadelphia, Pa., and William K. White and Charles M. Fryer, both of San Francisco, Cal., for appellees.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.


HUNT, Circuit Judge.

Tomlinson, administratrix, and others, including Display Doughnut Machine Corporation, sued the Bake-Rite Company for infringement of claim 1 of patent No. 1,320,662, issued November 4, 1919, application filed March 15, 1918, to Tomlinson, for a doughnut machine. Display Doughnut Machine Corporation is the owner of an exclusive license under the patent as assignee of plaintiffs Bergner and Morris, who originally obtained the license. Bake-Rite...

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