Payne Metal Enterprises, Limited v. James E. Mcphee

382 F.2d 541 PAYNE METAL ENTERPRISES, LIMITED, a corporation, and Payne Manufacturing Company, Limited, a corporation, Appellants, v. James E. McPHEE, and Anchor Products, Inc., a corporation, Appellees. No. 21170. United States Court of Appeals Ninth Circuit. July 27, 1967. Thomas Mahoney, Mahoney, Halbert & Hornbaker, Santa Monica, Cal., for appellants. Ashley Stewart Orr, Kendrick, Subkow & Stolzy, Los Angeles, Cal., for appellees. Before BARNES, HAMLEY and ELY, Circuit Judges. HAMLEY, Circuit Judge: 1 This suit involves the validity and infringement of U. S. Design Patent No. 176,986 (McPhee No. '986), issued to James E. McPhee on February 28, 1956, and thereafter assigned to Anchor Products, Inc. (Anchor). The action arose after Anchor gave written notice of infringement to Payne Metal Enterprises, Limited and Payne Manufacturing Company, Limited, jointly referred to herein as Payne Metal. Upon receiving this notice, Payne Metal commenced this action against McPhee and Anchor, seeking a declaratory judgment that McPhee No. '986 is invalid and not infringed by Payne Metal, together with correlative injunctive relief. McPhee and Anchor denied invalidity and…