TIMKEN-DETROIT AXLE CO. v. ALMA MOTOR CO.

No. 8300.

163 F.2d 190 (1947)

TIMKEN-DETROIT AXLE CO. v. ALMA MOTOR CO.

Circuit Court of Appeals, Third Circuit.

Decided August 14, 1947.


Attorney(s) appearing for the Case

Wilber Owen and Allen Owen, both of Toledo, Ohio, Hugh M. Morris and Alexander L. Nichols, both of Wilmington, Del., (I. Joseph Farley and Thomas J. Hughes, both of Detroit, Mich., on the brief), for appellant.

Wm. A. Strauch, of Washington, D. C. (J. Matthews Neale and Strauch & Hoffman, all of Washington, D. C., and Clarence A. Southerland and Southerland, Berl & Potter, all of Wilmington, Del., on the brief), for plaintiff-appellee.

Francis M. Shea, Asst. Atty. Gen., Gerald Gleeson, U. S. Atty., of Philadelphia, Pa., Lester P. Schoene and David L. Kreeger, Sp. Assts. to Atty. Gen., and Jerome H. Simonds, Atty., Department of Justice, all of Washington, D. C., on the brief, for intervenor.

Before MARIS, GOODRICH and McLAUGHLIN, Circuit Judges.


GOODRICH, Circuit Judge.

The plaintiff (herein referred to as Timken) brought a declaratory judgment suit against defendant (herein referred to as Alma) in the District Court. Timken sought a declaration that certain transfer cases manufactured by it did not come within the terms of the non-exclusive license Alma had granted. It also sought a declaration that the Ruggles-Smith patent 2,173,044 was invalid in view of the prior art which existed at the time of the application...

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