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FOWLER v. HONORBILT PRODUCTS

No. 7911.

131 F.2d 153 (1942)

FOWLER et al. v. HONORBILT PRODUCTS, Inc.

Circuit Court of Appeals, Third Circuit.

Decided October 29, 1942.

Attorney(s) appearing for the Case

Albert F. Mecklenburger, of Chicago, Ill. (Howson & Howson and Kennard N. Ware, all of Philadelphia, Pa., on the brief), for appellant.

John Dashiell Myers, of Philadelphia, Pa. (Chester C. Baxter, of Philadelphia, Pa., on the brief), for appellees.

Before MARIS and JONES, Circuit Judges, and SMITH, District Judge.

JONES, Circuit Judge.

The defendant, Honorbilt Products, Inc., appeals from a decree of the District Court holding valid and infringed Patent No. 1,565,267 for an upholstery pad, issued on December 26, 1925, to Del Roy F. Fowler, one of the plaintiffs. The suit was instituted by Fowler, the owner of the patent as well as the patentee, and F. Burkart Manufacturing Company, the exclusive licensee under the patent. Honorbilt Products, Inc., is a manufacturer of mattresses...

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