The United States National Bank of Portland, Oregon, Trustee, and Walter G. E. Smith v. Fabri-Valve Company of America, a Corporation, Fabri-Valve Company of America, a Corporation v. The United States National Bank of Portland, Oregon, Trustee, and Walter G. E. Smith

235 F.2d 565 The UNITED STATES NATIONAL BANK OF PORTLAND, OREGON, Trustee, and Walter G. E. Smith, Appellants, v. FABRI-VALVE COMPANY OF AMERICA, a corporation, Appellee. FABRI-VALVE COMPANY OF AMERICA, a corporation, Appellant, v. The UNITED STATES NATIONAL BANK OF PORTLAND, OREGON, Trustee, and Walter G. E. Smith, Appellees. No. 14422. United States Court of Appeals Ninth Circuit. June 14, 1956. Cook & Schermerhorn, Harold L. Cook, Arthur S. Vosburg, Portland, Or., for appellants. W. B. Shively, Elmer A. Buckhorn & Orme E. Cheatham, Portland, Or., for appellee. Before HEALY, POPE and CHAMBERS, Circuit Judges. CHAMBERS, Circuit Judge. 1 An action alleging patent infringement was brought in October, 1950, in the United States District Court for the District of Oregon by the United States National Bank, trustee of letters patent No. 2,001,271, and Walter G. E. Smith, original patentee, against Fabri-Valve Company of America, hereafter defendant. 2 The gate-valve patent in issue was granted to Walter G. E. Smith on May 14, 1935. On December 17, 1935, Smith assigned all interest in the patent to his wife, to be held in trust for their children. Upon the death of the wife, the…