Kimberly Corporation v. Hartley Pen Company

237 F.2d 294 KIMBERLY CORPORATION, a corporation, Appellant, v. HARTLEY PEN COMPANY, a corporation, Lindy Pen Co., Inc., a corporation, and Sidney Linden, individually and doing business as Adams-Linden Co., Appellees. No. 14701. United States Court of Appeals Ninth Circuit. September 10, 1956. Flam & Flam, John Flam, Eugene H. Marcus, Los Angeles, Cal., for appellant. Harris, Kiech, Foster & Harris, Ford Harris, Jr., Donald C. Russell, Los Angeles, Cal., for appellees. Before DENMAN, Chief Judge, BONE, Circuit Judge, and TOLIN, District Judge. BONE, Circuit Judge. 1 This suit was originally instituted in 1953 by appellee-plaintiff, Hartley Pen Company, (hereafter called Hartley). In this action defendant-appellee, Lindy Pen Company, (hereafter called Lindy) was charged with infringement of Letters Patent No. 2,498,009 owned by Hartley. 1 2 Later, and on or about January 15, 1954, appellant Kimberly Corporation, (hereafter called Kimberly) filed a motion to intervene as a plaintiff in the pending Hartley action upon the ground that it was the full equitable owner of the patent in suit, and as such, had an interest in the Hartley patent infringement suit. Leave to intervene…