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ELECTRICAL PRODUCTS CORPORATION v. NEALE, INC.

48 F.2d 824 (1931)

ELECTRICAL PRODUCTS CORPORATION v. NEALE, Inc., et al.

District Court, S. D. California, Central Division.

April 3, 1931.

Attorney(s) appearing for the Case

Lyon & Lyon, of Los Angeles, Cal. (William Bohleber, of New York City, Leonard S. Lyon and Reginald E. Caughey, both of Los Angeles, Cal., and Edwin J. Prindle, of New York City, of counsel), for plaintiff.

Frank L. A. Graham, of Los Angeles, Cal. (Dean S. Edmonds, of New York City, F. Eldred Boland, of San Francisco, Cal., and Neil McCarthy, of Los Angeles, Cal., of counsel), for defendants.

COSGRAVE, District Judge.

After a review of the report of the special master, I find myself in agreement with findings 1, 2, 3, 4, 6, 7, 8, and 9.

With respect to finding 5, I am impressed with the view that the subject of litigation is a pioneer patent, and, such being the case, the doctrine of equivalents should be given a wider scope than the special master has accorded it. Under this view, Exhibits 33 and 24 should be held to infringe.

The evidence...

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