FRITZ W. GLITSCH & SONS v. WYATT METAL & BOILER WORKS

Civ. No. 5438.

121 F.Supp. 746 (1954)

FRITZ W. GLITSCH & SONS, Inc. v. WYATT METAL & BOILER WORKS.

United States District Court N. D. Texas, Dallas Division.

June 1, 1954.


Attorney(s) appearing for the Case

Jack A. Schley, Joseph Schley, and Peter Schley, Dallas, Tex., Alto B. Cervin, Dallas, Tex., John A. Dienner and Edward C. Grelle (of Brown, Jackson, Boettcher & Dienner), Chicago, Ill., for plaintiff.

Garrett R. Tucker, Jr. and Frank B. Pugsley (of Baker, Botts, Andrews & Shepherd), Houston, Tex., Ralph W. Malone and George E. Seay, Dallas, Tex., for defendant.


ATWELL, Chief Judge.

This suit relates to a patent issued to the plaintiff, originally numbered 2,210,808, and re-issued under number 22,946, for treating liquids with gases, and plaintiff alleges that the defendant infringed whereby the plaintiff suffered damages, for the recovery of which it sues, and for an injunction.

Under the new patent statute, 35 U.S. C.A. § 282, it is provided that a patent is presumed to be valid, and, the burden of establishing...

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