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T. H. SYMINGTON & SON v. SYMINGTON CO.

No. 2208.

9 F.Supp. 699 (1935)

T. H. SYMINGTON & SON, Inc., v. SYMINGTON CO.

District Court, D. Maryland.

February 8, 1935.

Attorney(s) appearing for the Case

James Piper and Piper, Carey & Hall, all of Baltimore, Md., Frank Parker Davis, John W. Darley, and Rector, Hibben, Davis & McCauley, all of Chicago, Ill., for plaintiff.

Harry N. Baetjer and Venable, Baetjer & Howard, all of Baltimore, Md., Ernest F. Mechlin and Gilbert P. Ritter, both of Washington, D. C., for defendant.

CHESNUT, District Judge.

This case presents the usual type of patent infringement suit in equity. Plaintiff's patent is for a "spring mechanism" applicable to railroad freight cars. It was issued January 12, 1932, on application of Cyrus Hankins, filed January 24, 1925. Its number is 1,840,506.

The defenses are the usual ones of (1) invalidity of the plaintiff's patent and (2) non-infringement. A counter-claim which set up an alleged equitable title in the...

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