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PFANSTIEHL CHEMICAL CO. v. AMERICAN PLATINUM WORKS

No. 7944.

135 F.2d 171 (1943)

PFANSTIEHL CHEMICAL CO. v. AMERICAN PLATINUM WORKS et al.

Circuit Court of Appeals, Third Circuit.

Decided March 30, 1943.

Rehearing Denied May 17, 1943.

Attorney(s) appearing for the Case

Lum, Fairlie & Wachenfeld, of Newark, N. J. (Ralph E. Lum, of Newark, N.J., of counsel), for American Platinum Works.

Frederick P. Randolph, of New York City (Theodore S. Kenyon and Douglas H. Kenyon, both of New York City, of counsel), for Hecking and O'Brien.

Charles J. Merriam, Chicago, Ill. (Russell Wiles, of Chicago, Ill., on the brief), for appellee.

Before BIGGS, JONES, and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

This is an action for a declaratory judgment that Hecking patent No. 1,909,616 is invalid for anticipation and lack of invention and that plaintiff, Pfanstiehl Chemical Company, and its licensees are not infringing that patent. The defendant, Hecking, was the purported inventor in the patent interest which was issued to and is jointly owned by Hecking and the co-defendant, O'Brien. The American Platinum Works, the exclusive licensee of the...

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