DOUGLASS v. UNITED STATES APPLIANCE CORPORATION

No. 12141.

177 F.2d 98 (1949)

DOUGLASS et al. v. UNITED STATES APPLIANCE CORPORATION.

United States Court of Appeals Ninth Circuit.

September 23, 1949.


Attorney(s) appearing for the Case

Mellin & Hanscom, Oscar A. Mellin, Leroy Hanscom and Jack E. Hursh, San Francisco, Cal., for appellants.

Flehr & Swain, Paul D. Flehr, John F. Swain, San Francisco, Cal., for appellee.

Before GARDNER, Chief Judge (sitting by special designation), HEALY and ORR, Circuit Judges.


HEALY, Circuit Judge.

This appeal presents the question whether the estoppel running against an assignor of a patent to assert its invalidity extends to third persons who acquire by purchase other and later patents of the assignor found to infringe the assigned patent. We think in the present state of the law the question must be answered in the negative.

Ralph M. Keele made application for patent for a hair waving device and simultaneously for a valuable...

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