Nos. 54 and 55.

320 U.S. 661 (1944)


Supreme Court of United States.

Decided January 3, 1944.

Attorney(s) appearing for the Case

Mr. George L. Wilkinson for petitioner.

Mr. Casper W. Ooms, with whom Messrs. Richard Spencer, Richard L. Johnston, and Lloyd C. Root were on the brief, for the Mid-Continent Investment Co.; and Mr. W.P. Bair, with whom Messrs. Will Freeman and George H. Fisher were on the brief, for the Minneapolis-Honeywell Regulator Co., — respondents.

Solicitor General Fahy, Assistant Attorney General Berge, and Messrs. Elliott H. Moyer and Robert C. Barnard filed a brief on behalf of the United States, as amicus curiae, urging reversal.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This suit was brought by respondent, Mid-Continent Investment Co., against petitioner, Mercoid Corporation, for contributory infringement of the Cross combination patent No. 1,758,146, issued May 13, 1930, for a domestic heating system. Mercoid in its answer denied contributory infringement and alleged that Mid-Continent should be barred from relief because it was seeking to extend the grant of the patent to...

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