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PROGRESSIVE ENGINEERING, INC. v. MACHINECRAFT, INC.

No. 5492.

273 F.2d 593 (1959)

PROGRESSIVE ENGINEERING, INC., et al., Plaintiffs, Appellants, v. MACHINECRAFT, INC., et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

Rehearing Denied January 8, 1960.

Attorney(s) appearing for the Case

Herbert P. Kenway, Boston, Mass., with whom George W. Crowley and Kenway, Jenney, Witter & Hildreth, Boston, Mass., were on brief, for appellants.

Cedric W. Porter, Boston, Mass., with whom Daniel Needham, Jr., Porter, Chittick & Russell and Sherburne, Powers & Needham, Boston, Mass., were on brief, for appellees.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This is an action for a declaratory judgment in which appellants sought to have two patents declared invalid and not infringed, and two other patents, of which appellants were, or stood in the title of, assignors and hence estopped from asserting invalidity, not infringed. Appellants are Swanson and his present company, Progressive Engineering, Inc. Appellees are Cotchett and his connected company, Machinecraft, Inc. At the time the patents...

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