Speed Corporation v. Louise K. Webster

By this appeal the appellant asks reversal of the Trial Court’s judgment which, after rejecting appellant’s defenses of prior-art-coverage and no-invention as against appellee’s Speed patent, upheld validity of that patent (which is numbered 2,253,990, was issued August 26, 1941, and was for handles for holding the variously contoured shanks of tools, such as files, screw drivers, hack saw blades and the like), and found infringement of appellee’s Speed patent by the accused devices made under appellant’s Kindley Patent No. 2,676,811, issued April 27, 1954, also for such tool handles, and enjoined appellant from further infringement of appellee’s Speed patent, and awarded only single damages, costs, and attorneys’ fees for amounts later to be determined.

This Court has jurisdiction pursuant to 35 U.S.C.A. § 281 , and 28 U.S.C.A. §§ 1291 , 1292(1) and (4) and § 1338(a).

For some time before and after March 1948 appellee’s late husband was the owner of, and before that date manufactured tool handles under, the Speed patent which later by valid mesne assignments became the property of and is now owned by appellee who is entitled to all recoverable relief herein sought by her. For…