TRY-ME BEVERAGE & COMPOUND CO. v. METROPOLE

No. 413.

25 F.2d 138 (1928)

TRY-ME BEVERAGE & COMPOUND CO. v. METROPOLE.

District Court, E. D. South Carolina.

March 24, 1928.


Attorney(s) appearing for the Case

Johnston & Jennings, of Birmingham, Ala., and Epps & Levy, of Sumter, S. C., for plaintiff.

J. D. E. Meyer, of Charleston, S. C., for defendant.


HALE, District Judge.

The plaintiff, owner of design patent of the United States No. 64,568, brings this suit alleging infringement of the patent by the defendant. The plaintiff holds his title to the patent by assignment from F. W. Schwenck, the inventor.

The defenses are that the patent lacks invention by reason of nonpatentability and of anticipation in the prior art, and that it has not been infringed by the defendant...

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