MILBURN CO. v. DAVIS ETC. CO.

No. 107.

270 U.S. 390 (1926)

ALEXANDER MILBURN COMPANY v. DAVIS-BOURNONVILLE COMPANY.

Supreme Court of United States.

Decided March 8, 1926.


Attorney(s) appearing for the Case

Mr. James A. Watson, for petitioner.

Mr. D.S. Edmonds, with whom Messrs. R. Morton Adams, J.F. Brandenburg, and William H. Davis were on the brief, for respondent.


Mr. JUSTICE HOLMES delivered the opinion of the Court.

This is a suit for the infringement of the plaintiff's patent for an improvement in welding and cutting apparatus alleged to have been the invention of one Whitford. The suit embraced other matters but this is the only one material here. The defense is that Whitford was not the first inventor of the thing patented, and the answer gives notice that to prove the invalidity...

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