Haynes Stellite Co. v. Stoody Co.

This case was argued and submitted with Mills Alloys, Inc., et al. v. Stoody Company, 9 Cir., 94 F.2d 413 , this day decided, to which we will hereinafter refer as the companion case. Both cases involve the validity of patent 1,803,875, issued to W. F. Stoody et al., for a method of facing tools, and for the resulting product. Both cases arose in the District Court of the United States for the Southern District of California and were pending there at the same time. In the companion case, the .special master, to whom the case had been referred, held that the patent was valid and infringed as to all the claims there involved. The finding of the master was approved by the court and an interlocutory injunction issued, before the preliminary injunction was ordered in the case at bar.

The application for the preliminary injunction was heard upon affidavits and upon the record in the companion case which contained a review of the prior art publications and patents by the special master. The affidavits on behalf of the defendant set up certain prior art patents and publications, most of which were cited in the companion case. One affidavit was that of Francis W. Maxstadt, a mechanical…