PENN ELECTRIC SWITCH CO. v. UNITED STATES GAUGE CO.

No. 7872.

129 F.2d 166 (1942)

PENN ELECTRIC SWITCH CO. v. UNITED STATES GAUGE CO.

Circuit Court of Appeals, Seventh Circuit.

June 19, 1942.


Attorney(s) appearing for the Case

James A. Hoffman and Strauch & Hoffman, all of Washington, D. C., and L. B. Mann and Mann, Brown & Cox, all of Chicago, Ill., for appellant.

W. P. Bair, Will Freeman, and Bair & Freeman, all of Chicago, Ill., for appellee.

Before EVANS and SPARKS, Circuit Judges, and LINDLEY, District Judge.


EVANS, Circuit Judge.

The plaintiff brought this suit for a declaratory decree. It sought a judicial declaration on the disputed validity and infringement of patent No. 1,972,815. The patent is owned by defendant, who, it is asserted, was threatening plaintiff's customers with infringement suits because of alleged infringement by plaintiff's product of claim 5 of said patent. Plaintiff prayed a decree which would hold said claim 5 invalid and also non-infringed by...

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