Haarmann De Laire-Schaefer Co. v. Lueders

145 F. 357, 1906 U.S. App. LEXIS 4761

Opinion

RAY, District Judge.

The patent in suit contains four claims, but claim 1 only is in suit. I think title in complainant is shown. Iiifringement must be proved; it is not presumed and the evidence ought to be satisfactory to the trial court. In this case I appreciate the difficulties under which complainants labored, but am far from convinced that defendants have infringed. I also doubt the validity of the patent, but will not pass on that point. Assuming it to be valid, infringemént is not shown.

« The defendants are entitled to a decree dismissing the bill of complaint, with costs.