SCHERING CORPORATION v. GILBERT

No. 156.

153 F.2d 428 (1946)

SCHERING CORPORATION v. GILBERT et al. (UNITED STATES, Intervener).

Circuit Court of Appeals, Second Circuit.

January 18, 1946.


Attorney(s) appearing for the Case

Briesen & Schrenk, of New York City (Newton A. Burgess and Fred A. Klein, both of New York City, and Harold T. Stowell, of Washington, D. C., of counsel), for plaintiff-appellee.

A. J. Nydick, of New York City, for defendants-appellants.

John F. X. McGohey, U. S. Atty., of New York City (William L. Lynch, Asst. U. S. Atty., of New York City, C. E. Rhetts, Acting Head, War Division, Harry LeRoy Jones, Chief, Alien Property Litigation Unit and M. S. Isenbergh and David Schwartz, Chief Trial Attys., Alien Property Litigation Unit, War Division, all of Washington, D. C., of counsel), for intervener-appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.


CHASE, Circuit Judge.

The appellee is a New Jersey corporation and the owner of U. S. Patent No. 2,345,384 which was granted to it on March 28, 1944 as the assignee of the inventors whose application was filed on April 6, 1940. It sued the appellants, Jules R. Gilbert and William Bell, partners in business under the firm name of National Synthetics, in the District Court for the Southern District of New York for infringement of the patent, relying at the trial only...

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