Stoody Co. v. Carleton Metals, Inc.

These appeals are from decrees dismissing the bills of complaint in two patent infringement suits (Nos. 800-Y and 801-Y) in the District Court of the United States for the Southern District of California.

Both suits were brought by appellant, Stoody Company. One (No. 800-Y) was against Carlton Metals, Incorporated, and A. J. Carlton. One (No. 801-Y) was against Enterprise Foundry Corporation, Mike Mikels and H. A. D. Mikels. Enterprise Foundry Corporation consented that *921 a decree be entered against it, and such a •decree was entered. That corporation was not a party to either of the decrees here appealed from and is, of course, not a party to either appeal.

The patent involved is No. 1,803,875, issued to Winston F. Stoody, Shelley M. Stoody and Norman W. Cole on May 5, 1931. The patent was assigned to and is now owned by appellant. The bills did not state which claims of the patent were infringed, but the cases were tried below and argued here upon the theory that claims 5, 6, 7, 10, 11, 12, 13, 14, 15, and 17 were the only ones involved, Appellees (Carlton Metals, Incorporated, A. J. Carlton, Mike Mikels and H. A. D. Mikels) defended on the ground, among others, that these…