Hutchens v. Faas

249 F.2d 465 Ralph O. HUTCHENS, Appellant, v. Louis D. FAAS, Bernice H. Faas, Leonard A. Faas, Genevieve E. Faas, Copartners doing business as King O'Lawn Manufacturing Co., Walter Faas, Rudolph Faas, M. W. Engleman, Assignee for Benefit of Creditors for King O'Lawn Manufacturing Co., King O'Lawn, Inc., a California Corporation, Appellees. No. 15115. United States Court of Appeals Ninth Circuit. July 1, 1957. William C. Babcock, Long Beach, Cal., for appellant. Lyon & Lyon, John B. Young, Los Angeles, Cal., for appellees. Before LEMMON, FEE and BARNES, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 This is a suit for infringement of Letters Patent No. 2,618,919, granted to Ralph O. Hutchens on November 25, 1952, and No. 2,719,398, granted to Ralph O. Hutchens on October 4, 1955. These patents both exemplified lawn trimming and edging apparatus. The defendants, partners doing business under the name of King O'Lawn Manufacturing Co., 1 had made, sold and used devices of the same general nature in the same field which Hutchens claimed infringed both of his patents. Based upon a stipulation as to prior public use of certain apparatus of like character, it was agreed that the…