Locklin v. Switzer Brothers

299 F.2d 160 Harry P. LOCKLIN and Elmer J. Brant, general partners doing business under the firm name of Radiant Color Company, Appellants, v. SWITZER BROTHERS, INC., a corporation, Appellee. No. 16780. United States Court of Appeals Ninth Circuit. November 16, 1961. Rehearing Denied December 26, 1961. Certiorari Denied April 23, 1962. See 82 S.Ct. 950 . Carl Hoppe and James F. Mitchell, San Francisco, Cal., for appellants. Flehr & Swain by John F. Swain, San Francisco, Cal., for appellee, Hill, Sherman, Meroni, Gross & Simpson, by Benjamin H. Sherman and Richard M. S. Manahan, Chicago, Ill., of counsel. Before BARNES, JERTBERG and MERRILL, Circuit Judges. MERRILL, Circuit Judge. 1 Appellants, doing business in California as Radiant Color Company, are manufacturers of fluorescent paints. They have taken this appeal from a judgment determining that they have infringed a patent held by appellee. The parties hereafter shall be referred to as "Radiant" (appellants) and "Switzer" (appellee). 2 Suit was originally brought by Radiant. It had been notified by Switzer that certain of its pigments infringed Switzer's resin patent number 2,808,954. This action was brought seeking…