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UNITED STATES PIPE AND FOUNDRY CO. v. WOODWARD IRON CO.

No. 8932.

321 F.2d 98 (1963)

UNITED STATES PIPE AND FOUNDRY COMPANY, Appellee, v. WOODWARD IRON COMPANY, Appellant.

United States Court of Appeals Fourth Circuit.

Decided July 23, 1963.

Attorney(s) appearing for the Case

John Gibson Semmes, Washington, D. C. (Semmes & Semmes, Washington, D. C., and Edmunds, Baldwin & Graves, Lynchburg, Va., on the brief), for appellant.

Peyton N. Finch, Jr., and Hugh P. Carter, Birmingham, Ala. (Woods, Rogers, Muse & Walker, Frank W. Rogers, Sr., Roanoke, Va., Jennings, Carter & Thompson, and Paul J. Ausbeck, Birmingham, Ala., on the brief), for appellee.

Before BRYAN and BELL, Circuit Judges, and WINTER, District Judge.

ALBERT V. BRYAN, Circuit Judge.

This patent litigation is between the owner of a pipe joint patent, appellee United States Pipe and Foundry Company, and the licensee of an allegedly infringing patent, appellant Woodward Iron Co. Thus the integrity of the latter patent is at stake. It is owned by James B. Clow & Sons, Inc., not a party to this suit. But, nevertheless, its patent by the decree on review has in effect been invalidated — without hearing from...

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