UNIVERSAL SEWER PIPE CORP. v. GENERAL CONST. CO.

No. 20060.

42 F.Supp. 132 (1941)

UNIVERSAL SEWER PIPE CORPORATION et al. v. GENERAL CONST. CO. et al.

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

September 26, 1941.


Attorney(s) appearing for the Case

F. O. Richey, of Richey & Watts, of Cleveland, Ohio, for plaintiff.

Albert Bates and Albert R. Teare, of Bates, Teare & McBean, both of Cleveland, Ohio, for defendants.


WILKIN, District Judge.

The complaint alleges infringement of U. S. Letters Patent No. 1,979,470, and prays an injunction and an accounting for profits and damages. The answer and the amended answer set up three defenses: (1) invalidity because of anticipation; (2) non-infringement; and (3) unlawful use of the patent by the plaintiffs to establish a monopoly in unpatented commodities.

At the trial, George L. Wirtz...

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