RAY-O-VAC CO. v. GOODYEAR TIRE & RUBBER CO.

Civil Action No. 240-D.

45 F.Supp. 927 (1942)

RAY-O-VAC CO. v. GOODYEAR TIRE & RUBBER CO., Inc., et al.

District Court, E. D. Illinois.

July 22, 1942.


Attorney(s) appearing for the Case

Bernard A. Schroeder, Russell Wiles, and Chritton, Wiles, Davies & Hirschl, all of Chicago, Ill., and Harold F. Lindley, of Danville, Ill., for plaintiff.

William E. Chilton, Charles W. Williams, and Fay, Macklin, Golrick, Williams, Chilton & Isler, all of Cleveland, Ohio, and Everett L. Dalbey, of Danville, Ill., for defendants.


LINDLEY, District Judge.

Plaintiff charges defendant with infringement of its patent, to Anthony, 2,198,423, for a leak proof dry cell flashlight battery. Defendant asserts invalidity and noninfringement and in a counterclaim prays judgment accordingly. The allegedly infringing cell was manufactured by General Dry Batteries, Inc., who defends the suit.

Dry cells are not of recent origin; indeed, the basic elements involved in their proper construction have...

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