Killefer Mfg. Co. v. Dinuba Associates, Ltd.

The appellee, Dinuba Associates, Limited, a corporation, is the owner of patent No. 1,-584,644, issued May 11, 1826, on an application filed March 6, 1923, to H. Petzoldt, for a power lift implement. The appellant, Killefer Manufacturing Company, a corporation, is the owner of patent No. 1,710,222, issued April 23, 1929, on an application filed December 8, 1924, to A. W. Hudson, for a power lift implement.

The appellant is engaged in the manufacture of agricultural implements of various types, and the appellee brought this suit for infringement, claiming that the appellant, in the manufacture of its implements, had infringed claim 1 of the patent issued to H. Petzoldt, owned by it.

The appellee seems to concede that the device patented by A. W. Hudson, owned.by the appellant, would not infringe claim 1 of the patent owned by it. It contends, however, that, whether or not the Hudson device is an infringement of its patent, the implements actually manufactured by the appellant embody the device covered by claim 1 of the Petzoldt patent.

Appellee concedes in its brief that power lift implements are old in the art, and that claim 1 of its patent should be strictly limited to the…