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FISCHER & PORTER CO. v. BROOKS ROTAMETER CO.

Civ. A. 8710.

107 F.Supp. 1010 (1952)

FISCHER & PORTER CO. v. BROOKS ROTAMETER CO.

United States District Court E. D. Pennsylvania.

September 8, 1952.

Attorney(s) appearing for the Case

Leonard L. Kalish, Philadelphia, Pa., for plaintiff.

Frank H. Borden, Philadelphia, Pa., and J. Edward Shinn, Ralph L. Chappell, New York City, for defendant.

KIRKPATRICK, Chief Judge.

This is an action at law for damages for infringement of U. S. Patent 2,441,350 to Fischer, for a metering tube for use in a rotameter (Claim 1) and for the rotameter itself (Claims 2 and 3). The case was tried to the Court and a jury. It was stipulated by counsel that the verdict was to be taken on three issues only, namely, "whether the patent involves invention, whether Mr. Fischer was the first and original inventor, and damages in the...

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