James Moon, Edmond M. Wagner and Philip Subkow v. Cabot Shops, Inc., and Howard Supply Company, Cabot Shops, Inc., and Howard Supply Company v. James Moon, Edmond M. Wagner and Philip Subkow

270 F.2d 539 123 U.S.P.Q. 60 James MOON, Edmond M. Wagner and Philip Subkow, Appellants, v. CABOT SHOPS, INC., and Howard Supply Company, Appellees. CABOT SHOPS, INC., and Howard Supply Company, Appellants, v. James MOON, Edmond M. Wagner and Philip Subkow, Appellees. No. 16132. United States Court of Appeals Ninth Circuit. Sept. 21, 1959, Rehearing Denied Oct. 28, 1959. Philip Subkow, Beverly Hills, Cal., in pro. per., and for appellants. Lyon & Lyon, Charles G. Lyon, Los Angeles, Cal., Kenway, Jenney, Witter & Hildreth, Kenneth W. Brown, Boston, Mass., for appellees. Before BARNES, HAMLEY, and JERTBERG, Circuit Judges. HAMLEY, Circuit Judge. 1 Plaintiffs Moon, Wagner, and Subkow, as owners of Letters Patent No. 2,671,537, brought this action for damages and injunctive relief against Cabot Shops, Inc., and Howard Supply Company, claiming infringement of their patent. 1 Defendants denied infringement and affirmatively pleaded that the patent is invalid. The patent is invalid, defendants alleged, because the claims of the patent do not evidence invention over the prior art. As additional reasons for challenging the validity of the patent, defendants alleged that the…