National Lead Company v. Western Lead Products Company, Western Lead Products Company v. National Lead Company

Since cross-appeals are involved, we will in this opinion refer to the parties by their designations in the district court.

The plaintiff, National Lead Company, owner of -Mayer patent No. 2,235,487, instituted this action against defendant, Western Lead Products Company, charging infringement of its patent and seeking damages [to be trebled because of the alleged wilful character of the infringement], as well as injunctive relief. Defendant filed its answer denying infringement, and alleging the Mayer patent to be invalid for lack of invention and on other grounds, and alleging that any recovery by plaintiff was barred by laches.

The district court had jurisdiction of the action under Title 35 U.S.C.A. § 281 and Title 28 U.S.C.A. §§ 1338 (a) and 1400(b). Jurisdiction of this Court is based upon Title 28 U.S.C.A. §§ 1291 and 1294.

Following trial, the district court found that claims 1 and 2 of the Mayer patent were lacking in invention, that claim 2 had been infringed by the defendant, and that plaintiff was not guilty of laches. Judgment was entered accordingly. Plaintiff appeals from the judgment of the district court dismissing its complaint, and the defendant cross-appeals…