BEAVER CLOTH CUTTING MACHINES, INC. v. H. MAIMIN CO.

No. 276, Docket 29141.

343 F.2d 442 (1965)

BEAVER CLOTH CUTTING MACHINES, INC., Plaintiff-Appellee, v. H. MAIMIN CO., Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 31, 1965.


Attorney(s) appearing for the Case

Maurice B. Stiefel, New York City (Myron Cohen, Robert W. Fiddler, Hubbell, Cohen, Stiefel & Fiddler, New York City, N. Y., on the brief), for plaintiff-appellee.

Merton S. Neill, New York City (James G. Foley, Harold A. Traver, Pennie, Edmonds, Morton, Taylor & Adams, New York City, on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and WATERMAN AND HAYS, Circuit Judges.


LUMBARD, Chief Judge:

H. Maimin Co. appeals from a judgment of the Southern District of New York, which held that it had infringed a patent owned by the plaintiff, Beaver Cloth Cutting Machines, Inc. Maimin was enjoined from further infringement and directed to account for past infringement and pay reasonable attorney fees. We find that Beaver's patent is invalid for lack of invention, and we therefore reverse the judgment of the district court.

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