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

No. 8932.

327 F.2d 242 (1964)

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

United States Court of Appeals Fourth Circuit.

Decided January 9, 1964.


Attorney(s) appearing for the Case

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

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

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


ALBERT V. BRYAN, Circuit Judge.

That Patent No. 2,953,398, now owned by United States Pipe and Foundry Company and covering a high-pressure pipe joint, is valid and infringed by the product of Woodward Iron Company was the holding of the District Court. We would affirm these conclusions finally if we were persuaded that U. S. Pipe's assignors were the first inventors, but the findings of the District Court are not clear on that point. Our affirmance on all other phases...

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