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FLYNN & EMRICH COMPANY v. GREENWOOD

No. 7346.

242 F.2d 737 (1957)

FLYNN & EMRICH COMPANY, Appellant, v. Henry B. GREENWOOD and Greenwood Engineering Company, Inc., Appellees.

United States Court of Appeals Fourth Circuit.

Decided March 11, 1957.

Attorney(s) appearing for the Case

Charles G. Page, Baltimore, Md. (White, Page & Lentz, Baltimore, Md., on brief), for appellant.

Harold F. Watson, Washington, D. C. (Watson, Cole, Grindle & Watson, Washington, D. C., D. Franklin McGinnis, Baltimore, Md., and Haven E. Simmons, Washington, D. C., on brief), for appellees.

Before PARKER, Chief Judge, SOBELOFF, Circuit Judge, and HARRY E. WATKINS, District Judge.

HARRY E. WATKINS, District Judge.

This is an action for patent infringement in which the answer sets up the usual defenses of invalidity and denial of infringement. In what is called a "counterclaim", the defendant avers that by reason of estoppel, the plaintiff can not maintain this action. The District Court heard and decided the question of estoppel in favor of the plaintiff in advance of any hearing on the defenses of...

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