PACKWOOD v. BRIGGS & STRATTON CORP.

No. 10583.

195 F.2d 971 (1952)

PACKWOOD v. BRIGGS & STRATTON CORP. et al.

United States Court of Appeals Third Circuit.

Decided April 23, 1952.

Rehearing Denied May 29, 1952.


Attorney(s) appearing for the Case

Ira Milton Jones, Milwaukee, Wis. (Arthur G. Connolly, Wilmington, Del., on the brief), for appellants.

Brown Morton, Jr., New York City (Thomas Cooch, Wilmington, Del., John E. Hubbell, New York City, on the brief), for appellee.

Before KALODNER and HASTIE, Circuit Judges, and MODARELLI, District Judge.


HASTIE, Circuit Judge.

In a patent infringement suit a jury found plaintiff's patent valid and infringed by defendants. Thereafter, the trial judge, while candidly stating his own conviction that the patent was invalid for lack of invention, denied defendants' motion for judgment n. o. v., reasoning that he had no authority to substitute his judgment on the contested issue of invention for that of the jury. On this appeal we have to decide whether this deliberate...

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