DWIGHT & LLOYD SINTERING CO. v. GREENAWALT

No. 278.

27 F.2d 823 (1928)

DWIGHT & LLOYD SINTERING CO., Inc., v. GREENAWALT (AMERICAN ORE RECLAMATION CO., Intervener).

Circuit Court of Appeals, Second Circuit.

August 20, 1928.


Attorney(s) appearing for the Case

Thomas Ewing, Albert M. Austin, and Otto C. Wierum, all of New York City, for plaintiff.

Charles Neave and Clarence D. Kerr, both of New York City, and Harry A. Beimes, of St. Louis, Mo., for defendant.

John L. Jackson and Kemper K. Knapp, both of Chicago, Ill., for intervener.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.


L. HAND, Circuit Judge (after stating the facts as above).

The suit is so complicated, and such different considerations apply to the disposition of each patent, that it is necessary to treat them separately.

The Basic Patent.

If we disregard the first supposed infringement at Modern in 1910 and the experimental plant at Midvale, the defendant's continuous exploitation of the "basic" patent begins in the spring of 1912, 11½ years before the...

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