Simons
Simons v. Davidson Brick Co.
Opinion
Lead Opinion
Wilbur, J.
On August 25, 1936, the appellant brought two suits against the Davidson Brick Company for the alleged infringement of patents No. 1,870,967 and No. 1,-973,912. The suits were subsequently dismissed as to patent No. 1,973,912. In one suit Miner Argenbright was joined as co-defendant and, in the other, C. R. Nicoll was joined as codefendant, it being alleged that they were violating the appellant’s patent by constructing the brick wall covered thereby.
On December 1, 1936, reissue, No. 20,-188, of the original patent was obtained wherein the number of claims was increased from three of the original patents to thirteen. The cases were tried together and have been consolidated on appeal and will be dealt with in a single opinion.
On December 8, 1936, the bills were amended to charge an infringement of the reissued patent but no supplemental bill was fded. Consequently, the question involved is whether or not the wall construction adopted by the Davidson Brick Company infringed the claims of the original patent. R.S. § 4916, 35 U.S.C.A. § 64 ; 48 Corpus Juris, 410; Altoona Publix Theatres, Inc. v. American Tri-Ergon Corp., 294 U.S. 477 , 55 S.Ct. 455 , 79 L.Ed. 1005 .