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DURAND v. BETHLEHEM STEEL CO.

No. 7593.

122 F.2d 321 (1941)

DURAND et al. v. BETHLEHEM STEEL CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied August 26, 1941.

Attorney(s) appearing for the Case

Walter J. Blenko, of Pittsburgh, Pa., and Robert T. McCracken, and Montgomery & McCracken, of Philadelphia, Pa., and Stebbins & Blenko, of Pittsburgh, Pa., (George E. Stebbins and William H. Webb, both of Pittsburgh, Pa., on the brief), for plaintiffs.

Clarence D. Kerr, of New York City, and Richards, Layton & Finger and Charles F. Richards, all of Wilmington, Del. (Charles H. Walker and Fish, Richardson & Neave, all of New York City, on the brief), for appellee.

Before BIGGS, CLARK, and GOODRICH, Circuit Judges.

BIGGS, Circuit Judge.

The appellants, patentee and licensee of the three patents in suit, charged the appellee with infringement. The appellee pleaded that all of the claims in suit are invalid for anticipation and lack of invention, and that, if valid, they were not infringed. The court below found all of the claims of the patents in suit invalid and not infringed, D. C., 34 F.Supp. 134

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