Van Der Grinten v. Dieterich-Post Co.

Appellants, plaintiffs below, charged appellee, defendant below, with' infringing nine claims of a patent of which appellant Van der Grinten is sole owner and appellant Charles Bruning Company, Inc., is, in the United States, sole licensee. Appellants prayed for an injunction and for an accounting of profits and damages. Appellee pleaded invalidity of the patent and noninfringement thereof. The District Court held two of the claims valid and infringed, held the other seven claims valid, but not infringed, and referred the case to a master for an accounting. This appeal is from that part of the decree which holds that the seven last-mentioned claims were not infringed. Appellee, though duly cited, has not appeared or filed any brief in this court.

' The patent in question is No. 1,821,281, issued to appellant Van der Grinten, assignee of Karel Van der Grinten and Louis Van der Grinten, on September 1, 1931. It is for an improvement in the manufacture of diazotypes. Diazotypes, sometimes called diazotype prints, are photographic reproductions of drawings, tracings or other written or printed matter having a transparent background. 1 They are positive prints made directly from the…