Gomez

Gomez v. Granat Bros.

Good Law
177 F.2d 266·83 U.S.P.Q. (BNA) 197·1949 U.S. App. LEXIS 4671
United States Court of Appeals for the Ninth CircuitOctober 20, 1949No. 12160California1,910 words

Opinion

Lead Opinion

Gardner, J.

This action was originally commenced by appellants against appellees under Section 274d of the Judicial Code, 28 U.S.C.A. § 400 , 28 U.S.C.A. §§ 2201 , 2202, for a declaratory judgment establishing the invalidity of the Granat Patent No. 2,059,228: Defendants filed a cross complaint charging infringement of the patent in suit. On trial the court determined the issues in favor of defendants, found the patent valid and infringed, and entered judgment dismissing the complaint and enjoining plaintiffs from manufacturing and selling the infringing device. Plaintiffs have appealed and in their statement of points relied upon challenge the correctness of the court’s findings of fact and conclusions of law. The only issue presented on this appeal is as to the validity of the patent as it is conceded that plaintiffs’ device is an infringement of the device described in the patent in suit.

The patent relates to a mechanically locked finger ring ensemble comprising an engagement and wedding ring together with interconnecting means embodying a recess in the side of one of the rings within which lug or projection on the side of the other ring detachably fits. There are four claims in the…

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