RILEY v. BROADWAY-HALE STORES

No. 14210.

217 F.2d 530 (1954)

Ruth E. RILEY, Appellant, v. BROADWAY-HALE STORES, Inc., a corporation (formerly Broadway Department Store, Inc., a corporation), Appellee.

United States Court of Appeals Ninth Circuit.

December 7, 1954.


Attorney(s) appearing for the Case

Allan M. Shapiro, Los Angeles, Cal., for appellant.

MacFarlane, Schaefer & Haun, Henry J. Schaefer, Jr., E. J. Caldecott, Harris, Kiech, Foster & Harris, Warren L. Kern, Ford W. Harris, Jr., Los Angeles, Cal., for appellee.

Before HEALY, POPE, and CHAMBERS, Circuit Judges.


HEALY, Circuit Judge.

This is an appeal from a summary judgment dismissing appellant's suit for patent infringement, and from a judgment coincidentally entered on appellee's counterclaim declaring the patent to be void.

The subject matter of the suit is appellant's reissue patent No. 23,167. Her original patent No. 2,465,120 was issued March 22, 1949. It related to foam rubber shoulder pads with recesses of various types generally termed "voids." The reissue...

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