Otis Elevator Co. v. Pacific Finance Corp.

Plaintiff sued for an injunction and damages, charging infringment of claims 3, 22, 29, 37, 40, 41, and 65 of letters patent No. 16297, which is entitled “Control for electric elevators.”

The cause was referred to a special master, the defendants not consenting, and thereafter, on February 25, 1930, the master filed his report with the court, finding that the defendants had infringed claims 3, 22, 29, 40, and 65. He found that claim 37 was invalid, and that claim 41 was valid, but not infringed. Specifications of exceptions were duly filed on the part of the defendants to the report of the master, and an oral argument was had thereon on October 15, 1930, which argument was in addition to extensive briefs theretofore filed.

On May 1, 1931, the plaintiff filed disclaimer in the United States Patent Office as to claim 37 which the master has determined was invalid. Pending a decision of the cause, defendants moved the court to dismiss the ease on the ground that the plaintiff had unduly delayed the filing of its disclaim *851 er as to claim 37, citing Ensten et al. v. Simon, Ascher & Co., 282 U. S. 445 , 51 S. Ct. 207 , 75 L. Ed. 453 . The argument on the motion to dismiss…