BROS, INCORPORATED v. W. E. GRACE MANUFACTURING CO.

No. 17194.

261 F.2d 428 (1958)

BROS, INCORPORATED, Appellant, v. W. E. GRACE MANUFACTURING COMPANY, and William E. Grace, Appellees. W. E. GRACE MANUFACTURING COMPANY, and William E. Grace, Appellants, v. BROS, INCORPORATED, Appellee.

United States Court of Appeals Fifth Circuit.

November 26, 1958.


Attorney(s) appearing for the Case

Andrew E. Carlsen, Minneapolis, Minn., Joseph H. Schley, Dallas, Tex., Douglas L. Carlsen, Minneapolis, Minn., for plaintiff-appellant, Schley & Schley, Dallas, Tex., of counsel.

Howard E. Moore, Dallas, Tex., for appellee.

Before TUTTLE, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

Unlike most patent appeals which range the broad spectrum of limitless charge and countercharge, this one presents two narrow questions, each primarily procedural in nature. The first is whether summary judgment for the Patentee against the defendant Infringers could be entered on the basis of a prior judgment in an Ohio suit. If so, the second question is whether the Court in that summary judgment could deny an accounting for damages...

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