UP-RIGHT, INC. v. PATENT SCAFFOLDING CO.

No. 32212.

135 F.Supp. 813 (1954)

UP-RIGHT, Inc., a corporation, et al., Plaintiffs, v. The PATENT SCAFFOLDING CO., Inc., a corporation, Defendant.

United States District Court N. D. California, S. D.

October 27, 1954.


Attorney(s) appearing for the Case

Mellin, Hanscom & Hurst, Oscar A. Mellin, Leroy Hanscom, Jack E. Hurst, San Francisco, Cal., for plaintiffs.

C. P. Goepel, New York City, E. D. Bronson, J. E. Trabucco, San Francisco, Cal., for defendant.


GOODMAN, District Judge.

After the conclusion of the presentation of the evidence in this patent infringement case before a jury, both sides agreed to the dismissal of the jury and to the submission of the cause to the Court. It was also agreed that the Court's decision upon the issue of the validity of plaintiffs' patent would be decisive of the cause, i. e., a finding of validity would warrant judgment for injunction and damages, whereas a finding of invalidity...

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