BURGESS BATTERY CO. v. COAST INSULATING CORPORATION

No. 9410.

114 F.2d 779 (1940)

BURGESS BATTERY CO. v. COAST INSULATING CORPORATION.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied October 31, 1940.


Attorney(s) appearing for the Case

Lyon & Lyon, of Los Angeles, Cal. (Reginald E. Caughey, of Los Angeles, Cal., and Daniel V. Mahoney, of New York City, of counsel), for appellant.

Collins Mason and Julius V. Patrosso, both of Los Angeles, Cal., for appellee.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.


MATHEWS, Circuit Judge.

This was an action by C. F. Burgess Laboratories, Incorporated (hereafter called Laboratories), against appellee, Coast Insulating Corporation, for infringement of patent No. 1,726,500. Defenses were (1) that the patent was invalid and (2) that, if valid, it was not infringed. The complaint did not state which of the 25 claims of the patent were infringed, but the case was tried below and argued here upon the theory that claims 1, 3, 4, 5,...

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