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SHIMADZU v. ELECTRIC STORAGE BATTERY CO.

No. 7727.

30 F.Supp. 865 (1939)

SHIMADZU et al. v. ELECTRIC STORAGE BATTERY CO.

District Court, E. D. Pennsylvania.

November 15, 1939.

Attorney(s) appearing for the Case

Braselton, Whitcomb & Davies and Edmund B. Whitcomb, all of Toledo, Ohio, George H. Souther, of Niagara Falls, N. Y., Hunt, Hill & Betts, Geo. Whitefield Betts, Jr., and George Yamaoka, all of New York City, Carl F. Schaffer, of Toledo, Ohio, and Rawle & Henderson and Joseph W. Henderson, all of Philadelphia, Pa., for plaintiff.

Augustus B. Stoughton, of Philadelphia, Pa., Hugh M. Morris, of Wilmington, Del., A. F. Kwis, of Cleveland, Ohio, and E. S. W. Farnum, Jr., of Philadelphia, Pa., for defendant.

KIRKPATRICK, District Judge.

The Supreme Court has directed this Court "to determine whether 1,584,149 is valid and infringed" "in the light of the dismissal as to those patents" (1,584,150 and 1,896,020). 307 U.S. 5, 59 S.Ct. 675, 684, 83 L.Ed. 1071.

It is true that this Court was not directed to dismiss the bill as to '149, but that does not affect the questions whether or not the decree is to stand until the questions of...

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