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WHY CORPORATION v. SUPER IRONER CORPORATION

No. 9007.

128 F.2d 539 (1942)

WHY CORPORATION v. SUPER IRONER CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

June 3, 1942.

Attorney(s) appearing for the Case

Clarence B. Des Jardins, of Cincinnati, Ohio (Robert E. Woodhams, of Kalamazoo, Mich., and Church & Church, of Washington D. C., on the brief), for appellant.

George L. Wilkinson, of Chicago, Ill. (Eugene M. Giles, of Chicago, Ill., and Wm. Cyrus Rice, of Grand Rapids, Mich., on the brief), for the appellee.

Before HICKS, HAMILTON, and MARTIN, Circuit Judges.

MARTIN, Circuit Judge.

Appellant, claiming ownership of Patent No. 1,624,698, brought an infringement suit against appellee. The validity of the patent and the manufacture and sale by appellee of machines embodying the invention were admitted; but, defensively, appellee asserted its own title to the patent. The district court sustained the defense and dismissed appellant's action on the merits. While laches was also set up and upheld, that issue, though properly adjudged...

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