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S. S. HEPWORTH CO. v. PENICK & FORD

No. 697.

37 F.2d 732 (1930)

S. S. HEPWORTH CO. et al. v. PENICK & FORD, Limited, Inc. (CRESSON-MORRIS CO., Intervener).

District Court, D. Delaware.

February 3, 1930.

Attorney(s) appearing for the Case

Charles F. Curley, of Wilmington, Del., and Hubert Howson (of Howson & Howson), of New York City, for plaintiffs.

Joshua R. H. Potts and T. Bertram Humphries, both of Philadelphia, Pa., and William T. Lynam, of Wilmington, Del., for defendant and intervener.

MORRIS, District Judge.

In this infringement suit of S. S. Hepworth Company and Edith M. Horstman against Penick & Ford, Limited, Incorporated, in which Cresson-Morris Company, the manufacturer of much of the alleged infringing device, intervened, infringement is actually or in effect conceded, if the patent sued upon — reissue 15,115, to Mackintosh — is valid. The defense of invalidity rests upon the subordinate contentions of inoperative structure...

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