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CONTINENTAL CAN COMPANY v. CROWN CORK & SEAL COMPANY

No. 17290.

415 F.2d 601 (1969)

CONTINENTAL CAN COMPANY, Inc. v. CROWN CORK & SEAL COMPANY, Inc., Appellant.

United States Court of Appeals Third Circuit.

Decided July 23, 1969.

Rehearing Denied September 16, 1969.

Attorney(s) appearing for the Case

H. Francis DeLone, Dechert, Price & Rhoads, Philadelphia, Pa. (Harvey Bartle, III, Virgil E. Woodcock, Woodcock, Phelan & Washburn, Philadelphia, Pa., on the brief), for appellant.

William K. Kerr, Fish, Richardson & Neave, New York City (Henry W. Sawyer, III, Philadelphia, Pa., Herbert F. Schwartz, New York City, on the brief), for appellee.

Before HASTIE, Chief Judge, and McLAUGHLIN and STAHL, Circuit Judges.

OPINION OF THE COURT

HASTIE, Chief Judge.

This is a patent infringement suit, with a counterclaim asking that the court declare plaintiff's patents invalid. Continental Can Company, Inc., the plaintiff below, owns patents No. 2,654,913 (hereafter designated as 913) and No. 2,654,914 (hereafter 914), both issued on October 13, 1953, on the application in July 1950 of Curtis E. Maier, an employee of the plaintiff. The plaintiff alleges that the defendant,...

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