PAINE & WILLIAMS v. BALDWIN RUBBER CO.

No. 7211.

23 F.Supp. 485 (1938)

PAINE & WILLIAMS v. BALDWIN RUBBER CO.

District Court, E. D. Michigan, S. D.

April 15, 1938.


Attorney(s) appearing for the Case

Fay, Oberlin & Fay, by John F. Oberlin and Baker, Hostetler, Sidlo & Patterson, by Howard F. Burns and John Adams, all of Cleveland, Ohio, and Beaumont, Smith & Harris, by L. S. Robinson, of Detroit, Mich., for plaintiff.

Whittemore, Hulbert & Belknap, by Clarence B. Zewadski, of Detroit, Mich., and George Wilkinson, of Chicago, Ill., for defendant.


TUTTLE, District Judge.

The identical question of infringement here involved was before Judge O'Brien in a suit at law between these same parties, based upon a license agreement. This court, through Judge O'Brien, has decided that issue in favor of plaintiff, and as between these parties it is res adjudicata.

In deciding that question of infringement, it was necessary and proper to decide the scope of the claims, and in doing that to have in mind the prior...

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