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CROSBY S. GAGE & VALVE CO. v. MANNING, MAXWELL & MOORE

Civil Action No. 2267.

51 F.Supp. 972 (1943)

CROSBY STEAM GAGE & VALVE CO. v. MANNING, MAXWELL & MOORE, Inc. (UNITED STATES, Intervener).

District Court, D. Massachusetts.

October 4, 1943.

Attorney(s) appearing for the Case

Harrison F. Lyman, of Boston, Mass. (Fish, Richardson & Neave, of Boston, Mass., of counsel), for plaintiff, and opposing the motion.

Frederick A. Tennant and Nathan Heard, both of Boston, Mass., for defendant.

Samuel E. Darby, Jr., of New York City, Tom C. Clark, Asst. Atty. Gen., Samuel S. Isseks, Sp. Asst. to Atty. Gen., Melville C. Williams, Sp. Atty., of New York City, and Edmond J. Ford, Sp. Asst. to Atty. Gen., for the United States.

Seymour D. Lewis, Sp. Atty., of Washington, D. C. (Wendell Berge, Asst. Atty. Gen., Ernest S. Meyers, Sp. Asst. to Atty. Gen., and Francis R. Shields, Sp. Atty., of New York City, on the brief), for the United States, for the motion to intervene.

WYZANSKI, District Judge.

This is a motion by the Government to intervene in a patent litigation between two private parties. It raises a significant procedural question.

Plaintiff's complaint is to this effect: As the owner of certain patents on valves, it entered into a license agreement with a third party to which the defendant succeeded. Under that agreement defendant is licensed to manufacture, sell and use the valves in the oil industry. Defendant is...

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