Canadian Ingersoll-Rand Company, Ltd. v. Peterson Products Of San Mateo, Inc.

350 F.2d 18 CANADIAN INGERSOLL-RAND COMPANY, Ltd., Rand Development Corporation and Ingersoll-Rand World Trade Limited, Appellants, v. PETERSON PRODUCTS OF SAN MATEO, INC., a corporation also known as Peterson Spray Gun Co., Inc., a corporation, Appellee. No. 19266. United States Court of Appeals Ninth Circuit. June 29, 1965. Rehearing Denied August 10, 1965. C. Blake Townsend, Robert E. Kosinski, Carroll G. Harper, Byerly, Townsend, Watson & Churchill, New York City, for appellants. Charles E. Townsend, Anthony B. Diepenbrock, Stephen S. Townsend, Townsend & Townsend, San Francisco, Cal., for appellee. Before MADDEN, Judge of the Court of Claims, and HAMLEY and BROWNING, Circuit Judges. HAMLEY, Circuit Judge. 1 In this patent infringement suit the district court entered judgment for defendant, determining that the two patents sued upon are invalid and, in any event, not infringed. The opinion of the district court leading to entry of this judgment is reported in 223 F.Supp. 803 . 2 Plaintiffs appealed from that judgment. They thereafter moved in the district court, under Rule 60(b), Federal Rules of Civil Procedure, for a new trial on the ground of newly-discovered…