MAJOR, Circuit Judge.
Plaintiff, Simmons Company, instituted this action against defendant, A. Brandwein & Co., for infringement of Patent No. 2,595,038, entitled "Sofa Bed," issued to Edward E. Woller April 29, 1952, and later assigned to plaintiff. The alleged infringement resulted from the incorporation into sofa beds manufactured by Brandwein of a particular folding bed construction known in the trade as the "Seng Construction," manufactured by The Seng Company...
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