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UNITED SHOE MACHINE CORP. v. BROOKLYN WOOD HEEL CORP.

No. 273.

77 F.2d 263 (1935)

UNITED SHOE MACHINERY CORPORATION v. BROOKLYN WOOD HEEL CORPORATION.

Circuit Court of Appeals, Second Circuit.

May 13, 1935.

Attorney(s) appearing for the Case

George P. Dike and Cedric W. Porter, both of Boston, Mass., for appellant.

Hector M. Holmes and H. L. Kirkpatrick, both of Boston, Mass., for appellee.

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

L. HAND, Circuit Judge.

This is a suit in equity in the usual form, for the infringement of a patent for a machine to fashion wooden heels for women's shoes. The only issue is as to the priority of invention between Sawyer, the patentee of the patent in suit, and Pope and Mann, the joint patentees of the patent under which the defendant manufactures; No. 1,669,144 issued May 8, 1928. In the District Court the defendant argued in addition that it did not infringe,...

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