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SIGNALITE FUSE CO. v. FUSE INDICATOR CORPORATION

No. 9783.

174 F.2d 819 (1949)

SIGNALITE FUSE CO. v. FUSE INDICATOR CORPORATION.

United States Court of Appeals Third Circuit.

Decided May 5, 1949.

Attorney(s) appearing for the Case

Paul Kolisch, New York City (Darby & Darby, New York City, E. Ennalls, Berl, Wilmington, Delaware, J. Pierre Kolisch, New York City, on the brief), for appellant.

No oral argument for appellee (Paul Knox, Albany, N. Y., Ulle C. Linton, Washington, D. C., on the brief), for appellee.

Before GOODRICH, WALLER, and McLAUGHLIN, Circuit Judges.

PER CURIAM.

This appeal must be dismissed because the controversy between the parties, if any ever existed, has now become moot. The Trial Court held that there was no infringment by Signalite, the plaintiff in the declaratory judgment suit. The defendant did not appeal from this finding. So far as this patent is concerned, therefore, plaintiff's fuse is free from attack by the defendant. And, of course, there cannot be any issue of damages for past conduct in the...

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