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SAFETY SEAL CORPORATION v. BOND ELECTRIC CORPORATION

No. 943.

3 F.Supp. 507 (1933)

SAFETY SEAL CORPORATION v. BOND ELECTRIC CORPORATION.

District Court, D. Delaware.

May 15, 1933.

Attorney(s) appearing for the Case

Hugh M. Morris and Alexander L. Nichols, both of Wilmington, Del., and Leonard Day, of New York City, for plaintiff.

William G. Mahaffy, of Wilmington, Del., and Henry D. Williams (of Williams, Rich & Morse), of New York City, for defendant.

NIELDS, District Judge.

In January, 1932, Safety Seal Corporation filed its bill in this court against Bond Electric Corporation charging infringement of Apostoloff Patent No. 1,546,461 for an improved dry battery. The defense of res judicata is made by the defendant in its answer along with the usual defenses. This defense was separately heard under Equity Rule 29 (28 USCA § 723).

At the hearing it was shown that a suit by Union Dry Battery Corporation...

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