UNIVERSAL MARION CORP. v. WARNER & SWASEY CO.

No. 7979.

354 F.2d 541 (1965)

UNIVERSAL MARION CORPORATION, Appellant, v. The WARNER & SWASEY COMPANY, Ray Ferwerda, Sophia Louise Ferwerda, individually and as Guardian for Frederick Martin Ferwerda, Alice Rose Olsen, Sophia Louise Rebell, Raymond Koop Ferwerda, and Frederick Martin Ferwerda, by his Guardian Sophia Louise Ferwerda, Appellees.

United States Court of Appeals Tenth Circuit.

December 30, 1965.


Attorney(s) appearing for the Case

Robert McKay, New York City (Harry C. Jones, III, New York City, Douglas McHendrie, of Grant, Shafroth, Toll & McHendrie, Denver, Colo., Pennie, Edmonds, Morton, Taylor & Adams, New York City, with him on the brief), for appellant.

J. Herman Yount, Jr., Cleveland, Ohio, and Robert H. Harry, Denver, Colo. (James T. Hoffmann, Cleveland, Ohio, were on the brief for The Warner & Swasey Co., George S. Baldwin, Cleveland, Ohio, on the brief for other appellees, and L. Richard Freese, Jr., of Davis, Graham & Stubbs, Denver, Colo., were on the brief), for appellees.

Before PICKETT, LEWIS and HILL, Circuit Judges.


PICKETT, Circuit Judge.

This is a patent infringement suit brought by Warner & Swasey Company, exclusive licensee of Patent No. 2,541,045, along with the owners of the patent, against Universal Marion Corporation, which manufactures and sells the accused machine. The defense was invalidity and non-infringement. It was alleged that the accused machine infringed Claims 2, 6, 7, 8, 9 and 16 of the patent. After an exhaustive discussion of the facts and the law relating...

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