Hughes

On June 3, 1930, pursuant to a consent decree entered May 8, 1930, the above named defendant was perpetually enjoined in this action from infringing upon three Letters Patent, owned by plaintiffs, covering a process of manufacturing frozen confection, and the manufactured product. This decree became final and is now in effect.

Defendant moves to dissolve the perpetual injunction on the ground that on February 2, 1938, the Circuit Court of Appeals of the 9th Circuit, in the case of Icyclair, Inc., et al. v. National Popsicle Corporation, 94 F.2d 669 , determined that some but not all of the patent claims in suit herein were invalid for want of invention.

I do not believe this court has power at this late date to entertain a motion to dissolve the perpetual injunction issued in this action. The adjudication by the Circuit Court of Appeals of the 9th Circuit, in another case between this plaintiff and other parties, of the invalidity of certain of the claims covered by the Letters Patent which are the subject of the decree of perpetual injunction herein, does not render the decree in this case void. E. Ingraham Co. v. Germanow, 2 Cir., 1925, 4 F.2d 1002 . It is still a valid and…