LUDWIG DRUM CO. v. SOLAR MUSICAL INSTRUMENT COMPANY

No. 17010.

376 F.2d 827 (1967)

LUDWIG DRUM CO., Plaintiff-Appellant, v. SOLAR MUSICAL INSTRUMENT COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

May 4, 1967.


Attorney(s) appearing for the Case

Benjamin H. Sherman and Lewis T. Steadman, Chicago, Ill. (Truman A. Herron, Wood, Herron & Evans, Cincinnati, Ohio, Lewis T. Steadman, John H. Sherman, Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill. on the brief), for appellant.

John Rex Allen, Chicago, Ill. (Charles L. Rowe, Hofgren, Wegner, Allen, Stellman & McCord, Chicago, Ill., Stanley H. Foster, Youngblut, Melville, Strasser & Foster, Cincinnati, Ohio, on the brief), for appellee.

Before PHILLIPS, EDWARDS and PECK, Circuit Judges.


EDWARDS, Circuit Judge.

Plaintiff-Appellant Ludwig appeals from a judgment of the United States District Court for the Middle District of Tennessee, holding his patent to be invalid.

The patent had been issued by the United States Patent office on Ludwig's claim of invention of a new (and commercially useful) way of securing a drumhead. His suit had been filed under 28 U.S.C. §§ 1338 and 1400 claiming infringement of his patent by defendant-appellee...

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