Opinion
Nos. 2401, 2404, 2405, 2427, 2604.
February 7, 1931.
Charles M. Fryer, of San Francisco, Cal., for plaintiffs.
Lyon Lyon, Leonard S. Lyon, and I.L. Fuller, all of Los Angeles, Cal., and Arthur E. Cooley, of San Francisco, Cal., for defendants.
In Equity. Separate suits by George D. Parker and another against A. Fox, against the Custom House Packing Corporation, against the International Wood Products Company, against C.H. Karran and others, copartners, doing business under the firm name and style of the Monterey Sardine Products Company, and against the Long Bell Lumber Company, based on the alleged infringement of reissue patent No. 16292, for a bundling, binding, and tying machine, especially claims 3, 36, 37, 38, 39, 40, 42, 43.
Decree for the defendants in each case.
See, also, 53 F.2d 706.
By stipulation of the parties, the above-entitled cases were tried concurrently as one action.
The bill of complaint in all of the cases is substantially the same. The patent sued upon is a reissue patent, granted to the plaintiff Charles E. Evans.
Two questions are presented to the court for decision. The first is as to the validity of the patent, and the second is as to infringement.
Upon the question of the validity of the patent I am in doubt, but, having in mind the rule that, when such a question is close or in doubt, the presumption of patentability is to be regarded as controlling, I find that the patent is valid. See Cantrell v. Wallick, 117 U.S. 689, 6 S. Ct. 970, 29 L. Ed. 1017; Coffin v. Ogden, 18 Wall. 120, 21 L. Ed. 821.
Upon the second question presented, I find that there was no infringement.
Let findings of fact and conclusions of law be made in accordance with this memorandum and rule 42.