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MARTIN v. UNITED AIRCRAFT CORPORATION

No. 1164.

32 F.Supp. 367 (1940)

MARTIN v. UNITED AIRCRAFT CORPORATION et al.

District Court, D. Delaware.

April 5, 1940.

Attorney(s) appearing for the Case

Karl Fenning, of Washington, D. C., Norman H. Samuelson (of Hays, Podell & Shulman), of New York City, and Clarence A. Southerland and William S. Potter (of Southerland, Berl, Potter & Leahy), both of Wilmington, Del., for plaintiff.

Drury W. Cooper and C. Blake Townsend (of Cooper, Kerr & Dunham), both of New York City, and Hugh M. Morris, of Wilmington, Del., for defendants.

NIELDS, District Judge.

This is a civil action brought in March, 1936, for alleged infringement of three patents issued to plaintiff. The defenses are (1) invalidity by reason of anticipation and lack of invention, and (2) noninfringement.

Each of the patents has to do with retractable landing gear for aircraft. They are:

No. 1,306,768 granted June 17, 1919 on an application filed June 8, 1916. The patent expired three months after this action was...

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