BERGER BROS. CO. v. ROYAL APEX MFG. CORPORATION

No. 8564.

26 F.Supp. 87 (1938)

BERGER BROS. CO. v. ROYAL APEX MFG. CORPORATION.

District Court, E. D. New York.

December 22, 1938.


Attorney(s) appearing for the Case

William Pitt Mason, Jr., of New York City (Busser & Harding and George J. Harding, all of Philadelphia, Pa., of counsel), for plaintiff.

Abraham I. Wolf, of New York City, for defendant.


CAMPBELL, District Judge.

This is a suit in equity for the alleged infringement of patent No. 1,635,690 issued to Fred C. Richner, for eaves-trough hanger, granted July 12th, 1927, on an application filed June 17th, 1926.

The patent in suit was duly assigned to the plaintiff, which is now sole owner thereof.

The defendant interposed an answer setting up the defenses of invalidity and non-infringement, and a counterclaim for alleged unfair competition...

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