International Harvester Co. v. Killefer Mfg. Co.

This is a patent infringement suit for injunction, for an accounting of profits and for damages. From a decree in favor of defendants, the plaintiff has appealed.

Appellant is the owner of what is known as the Wame patent, No. 1,517,659, covering certain improvements in the operation of a tractor propelled tandem disk harrow. The court below found that the harrow manufactured by defendants appellees “is substantially illustrated by the patent issued to Robert Killefer, No. 1,619,208.” As a conclusion of law the court held “that the harrows so manufactured by defendants, * * * do not infringe upon Letters Patent in suit No. 1,517,659.”

Letters patent No. 1,517,659 were issued December 22, 1924, to Frederick C. Wame upon application filed December 17, 1917. The Killefer patent was applied for May 12, 1924, and patent issued March 1, 1927. This patent recites: “This invention is an improvement on the cultivator for which letters patent No. 1,487,412, was granted to Daniel W. Waters on March 18, 1924.”

Appellees by their answer alleged invalidity of the Wame patent because the things purported to be patented had long prior thereto been patented or described or contained in some…