Warren H. Lockwood, and Mid-West Metallic Products, Inc. v. Langendorf United Bankeries, Inc., and Banner Metals, Inc., Langendorf United Bakeries, Inc., and Banner Metals, Inc. v. Warren H. Lockwood and Mid-West Metallic Products, Inc.

324 F.2d 82 139 U.S.P.Q. 220 Warren H. LOCKWOOD, and Mid-West Metallic Products, Inc., Appellants, v. LANGENDORF UNITED BANKERIES, INC., and Banner Metals, Inc., Appellees. LANGENDORF UNITED BAKERIES, INC., and Banner Metals, Inc., Appellants, v. Warren H. LOCKWOOD and Mid-West Metallic Products, Inc., Appellees. No. 18159. United States Court of Appeals Ninth Circuit. Oct. 28, 1963, Rehearing Denied Dec. 2, 1963. Bronson, Bronson & McKinnon, and John F. Ward, San Francisco, Cal., Meyer, Baldwin, Doran & Egan, and George S. Baldwin, and Roudebush, Adrion, Brown, Corlett & Ulrich, and Myron W. Ulrich, Cleveland, Ohio, for appellants. Boyken, Mohler & Foster, Dirks B. Foster, San Francisco, Cal., Keith D. Beecher, Los Angeles, Cal., Warren T. Jessup, Hollywood, Cal., and Fidler, Beardsley & Bradley, and Roy E. Petherbridge, Chicago, Ill., for appellees. Before HAMLIN, JERTBERG and DUNIWAY, Circuit Judges. DUNIWAY, Circuit Judge. 1 This is an action for patent infringement in which the defendants counterclaimed for declaratory relief. Both sides appeal and consequently we will refer to them as plaintiffs and defendants, rather than as appellants and appellees.…