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PHILAD CO. v. VANATTA

No. 1111 — M.

28 F.Supp. 539 (1939)

PHILAD CO. v. VANATTA.

District Court, S. D. California, Central Division.

June 30, 1939.

Attorney(s) appearing for the Case

Lyon & Lyon and R. E. Caughey, all of Los Angeles, Cal., and Morris Kirschstein, of New York City, for plaintiff.

John Flam, of Los Angeles, Cal., for defendant.

McCORMICK, District Judge.

At the conclusion of the hearing of this suit on the merits, the court, upon the record and in conformity with the decision of the Ninth Circuit Court of Appeals, 1938, in Johnson Co. v. Philad Co., 96 F.2d 442, held the patent in issue to be valid, and also under the aforesaid binding appellate decision and the evidence here, concluded that claims 2, 3, 4 and 5 of reissue patent No. 18,841 are valid unless...

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