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WARNER BROS. CO. v. AMERICAN LADY CORSET CO.

No. 209.

136 F.2d 93 (1943)

WARNER BROS. CO. v. AMERICAN LADY CORSET CO.

Circuit Court of Appeals, Second Circuit.

June 4, 1943.

Attorney(s) appearing for the Case

Charles H. Walker, of New York City (Fish, Richardson & Neave, of New York City, of counsel), for appellant.

Darby & Darby, of New York City (Samuel E. Darby, Jr., of New York City, Arthur C. Beaumont of Detroit, Mich., and Walter A. Darby, of New York City, of counsel), for appellee.

Before SWAN, CHASE and CLARK, Circuit Judges.

SWAN, Circuit Judge.

In the court below the plaintiff's suit involved both collection of royalties under a license and patent infringement after termination of the license, but the appeal presents only the latter phase of the litigation. The plaintiff is assignee of patent No. 1,995,801 granted March 26, 1935, on the application of John Field. All claims of the patent were in suit except claims 8 and 11. The district court held that claims 1, 4 and 5 were invalid...

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