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CARDOX CORP. v. ARMSTRONG COALBREAK CO.

No. 10438.

194 F.2d 376 (1952)

CARDOX CORP. v. ARMSTRONG COALBREAK CO.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 19, 1952.

Attorney(s) appearing for the Case

Bernard A. Schroeder, Bradford Wiles, Chicago, Ill., Eugene C. Knoblock, South Bend, Ind. (Schroeder, Merriam, Hofgren & Brady, Chicago, Ill., Oltsch & Knoblock, South Bend, Ind., of counsel), for defendant-appellant.

George I. Haight, Andrew J. Dallstream, Fredric H. Stafford, Robert R. Lockwood and John W. Hofeldt, Chicago, Ill., for plaintiff-appellee.

Before DUFFY, FINNEGAN and SWAIM, Circuit Judges.

DUFFY, Circuit Judge.

Plaintiff charges defendant with infringement of Claims 2, 3 and 6 of Armstrong patent No. 2,212,891 applied for May 29, 1933, and issued August 27, 1940, and of Claim 1 of Harris patent No. 2,083,705 applied for June 14, 1933, and issued June 15, 1937. Defendant urges invalidity for lack of invention over the prior art, noninfringement, and misuse by plaintiff of the patents in suit, precluding it from any right to equitable relief. The district...

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