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BORG-WARNER CORPORATION v. ACCURATE PARTS MFG. CO.

Civ. No. 19936.

42 F.Supp. 1018 (1941)

BORG-WARNER CORPORATION v. ACCURATE PARTS MFG. CO.

District Court, N. D. Ohio, E. D.

September 30, 1941.

Attorney(s) appearing for the Case

William R. Day (of Oberlin, Limbach & Day), of Cleveland, Ohio, for plaintiff.

A. J. Hudson (of Kwis, Hudson & Kent), of Cleveland, Ohio, and Max W. Zabel (of Zabel, Carlson, Gritzbaugh & Wells), of Chicago, Ill., for defendant.

JONES, District Judge.

The Master's report, the objections thereto of both parties, and briefs, have been duly considered and upon full review I agree with the Master that the Reed patent, 1,839,590, is invalid for want of invention, but, if valid, infringement is present. However, I think injunction and recovery for infringement would not be available remedies if the patent were held to be valid, due to delay of seven years in taking action, considering all the circumstances...

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