TINNERMAN PRODUCTS, INC. v. GEORGE K. GARRETT COMPANY

No. 13415.

292 F.2d 137 (1961)

TINNERMAN PRODUCTS, INC., Plaintiff-Appellant, v. GEORGE K. GARRETT COMPANY, Inc., Defendant-Appellee.

United States Court of Appeals Third Circuit.

Decided June 13, 1961.


Attorney(s) appearing for the Case

Albert R. Teare, Cleveland, Ohio (Teare, Fetzer & Teare, Cleveland, Ohio, Woodcock, Phelan & Washburn, Philadelphia, Pa., on the brief), for appellant.

Leonard L. Kalish, Philadelphia, Pa., for appellee.

Before GOODRICH, McLAUGHLIN and HASTIE, Circuit Judges.


McLAUGHLIN, Circuit Judge.

Plaintiff, Tinnerman Products, Inc., instituted this action against defendant, George K. Garrett Company, Inc., alleging infringement of three United States patents, Nos. 2,221,498, 2,581,481 and 2,233,230 owned by plaintiff. Defendant's answer urged the invalidity of all the patents because of want of invention and alternatively that even if the patents were valid, they were unenforceable because of plaintiff's misuse of them. The district...

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