Schmeiser v. Thomasian

227 F.2d 875 Ethel R. SCHMEISER and R. George Anderson, Executrix and Executor of the Estate of Theodore George Schmeiser and Ethel R. Schmeiser, Appellants, v. Y. THOMASIAN (Sometimes Known as Yeppie Thomas), an Individual Doing Business Under the Fictitious Name and Style of Thomas Welding & Manufacturing Co., Appellee. No. 14447. United States Court of Appeals Ninth Circuit. July 27, 1955. Naylor & Lassagne, James M. Naylor, San Francisco, Cal., William C. Crossland, Fresno, Cal., Frank A. Neal, San Francisco, Cal., for appellants. Lyon & Lyon, Lewis E. Lyon, John B. Young, Los Angeles, Cal., for appellees. Before STEPHENS, FEE and CHAMBERS, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 This is a suit for infringement of Letters Patent No. 2,538,167, granted January 16, 1951, to Theodore G. Schmeiser, and for infringement of Letters Patent No. Des. 137,446, granted March 14, 1944, to Theodore G. Schmeiser. Defendant Y. Thomasian does business under the fictitious name of Thomas Welding & Manufacturing Co., denies infringement of No. 2,538,167. Validity of both patents was denied, and, specifically, it was claimed that Letters Patent No. 2,538,167 is invalid…