Alliance Securities Co. v. Roman Paint Co.

Appellant instituted suit for injunction and an accounting based on alleged infringement of letters patent of the United States, No. 1,196,691, and appeals from a final decree dismissing the bill of complaint for want of equity.

The validity of the patent alleged to be infringed was upheld by this court in the case of J. A. Mohr & Son v. Alliance Securities Co. (Standard Oil Co. v. Alliance Securities Co.) 14 F.(2d) 799 .

The question presented is solely one of infringement. The patent covers a certain device for atomizing and spraying liquids, and is particularly designed for spraying paint on surfaces to be coated therewith. The claims of the patent are quite fully set forth in the opinion of Kerrigan, District Judge, in the Mohr and Standard Oil Cases (D. C.) 14 F.(2d) 793 , and need not here be set out at length.

Prom that opinion we quote:

The main features of the alleged infringing Paasehe device and those of the Hopkins patent, as affecting the question in controversy, are concisely stated in the report of the special master, approved by the court below, as follows:

Upon the particular question of infringement, we quote from the master’s report the following material…