(DOWNLOAD) "Hoge Warren Zimmermann Co. v. Nourse & Co." by United States Court Of Appeals Sixth Circuit * eBook PDF Kindle ePub Free

eBook details

Title: Hoge Warren Zimmermann Co. v. Nourse & Co.
Author : United States Court Of Appeals Sixth Circuit
Release Date : January 22, 1961
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 68 KB

Description

This was an action brought for the infringement of Patent No. 2,625,381 entitled "Process of Continuously Preparing a Gypsum Slurry" which was issued to Hoge and Zimmermann on Janaary 13, 1953. The defendants pleaded invalidity and noninfringement as defenses. The parties to this controversy are in the business of placing gypsum on roof decks. On February 19, 1960 the District Court filed findings of fact and conclusions of law and rendered its judgment that the plaintiff had failed to sustain the burden of proof of its complaint, and that the defendants were entitled to judgment with their costs; that the defendants sustained their burden of proof on their defense of invalidity of the patent in suit; but that the defendants failed to sustain their burden of proof on their counterclaim seeking attorney fees and damages. Both sides have appealed from the District Courts denial of their respective claims as outlined above. We will first consider the appeal of the plaintiff-appellant, No. 14213, wherein the appellant presents 20 questions for review by this Court, the first 13 of which relate to the validity of the patent in suit, the next 4 to the "scope" of the patent, and the last 3 to "infringement." Appellant claims to have made a notable contribution to the art, and contends that the defendants should not be permitted to reap benefits therefrom free of liability. The defendants contend that they have esablished that the patent in suit is invalid because