277 F. 247 | M.D. Penn. | 1922
Plaintiff filed his bill of complaint, alleging that he was the owner of a certain patent on improvements to a boring machine, asserting infringement by defendant. The defendant •denied infringement, claimed to be the owner of the patented improvements by purchase, and requested the court to dismiss the bill and direct assignment of the letters patent by plaintiff to defendant.
Whether good or bad, it is contended, defendant went on the theory that the patent belonged to it; but they went so far even as to request the court to order the assignment of it to the defendant company. In so doing, it is the opinion of the court that its validity was conceded, and was recognized in this court’s decision ordering the plaintiff, Ingle, to assign the same to the defendant company. The appellate court reversed the order and directed proceedings of accounting for infringement. This also implies further recognition of a valid patent. In manner as appears, the validity of the. patent was involved in the issue tried out by the court, and therefore settled by the decision rendered.
The motion presented must therefore be denied, and a decree be entered, as directed by the mandate of the Circuit Court of Appeals.