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NICHOLAS v. E. W. BROWN CO.

No. 1149.

30 F.2d 291 (1929)

NICHOLAS v. E. W. BROWN CO.

District Court, D. Maine, S. D.

January 24, 1929.

Attorney(s) appearing for the Case

Frederic J. Laughlin and Charles E. Gurney, both of Portland, Me., for plaintiff.

Ellis Spear, Jr., of Boston, Mass., and Stephen W. Hughes, of Portland, Me., for defendant.

PETERS, District Judge.

This is a suit at law to recover damages for the infringement of plaintiff's patent No. 1,492,178, an apparatus for use in the canning industry. The defense is invalidity of the patent, based upon nonpatentability, and noninfringement.

I have not considered the first defense, because the presumption of validity accompanying the patent, and the fact that the apparatus described has been apparently recognized by the trade as a valuable...

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