JOHN TUMAN & SONS v. BASSE

No. 351.

113 F.2d 928 (1940)

JOHN TUMAN & SONS, Inc., v. BASSE.

Circuit Court of Appeals, Second Circuit.

July 19, 1940.


Attorney(s) appearing for the Case

Charles Sonnenreich, of New York City, for plaintiff-appellant.

Leon Seinfeld, of Brooklyn, N. Y., for defendant-appellee.

Before L. HAND, CHASE, and PATTERSON, Circuit Judges.


CHASE, Circuit Judge.

This appeal brings up the question of whether or not an infringer may successfully defend a suit for the infringement of a patent by showing that the plaintiff has only such title as may be obtained by an assignee before the patent issued when the assignment was not recorded in the Patent Office in conformity to the provisions of 35 U.S.C.A. § 44. The action was the usual one in equity and the trial judge found the patent valid and infringed...

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