Moss

Moss v. Patterson-Ballagh Corp.

Good Law
89 F. Supp. 619·85 U.S.P.Q. (BNA) 391·1950 U.S. Dist. LEXIS 4026
United States District Court, Southern District of CaliforniaFebruary 21, 1950Civ. No. 5572California7,536 words

Opinion

lead Opinion

Weinberger, J.

This cause arises under the patent laws of the United States; the original complaint was filed by Perry M. Moss, as inventor and patentee, against Patterson-Ballagh Corporation, as the alleged infringer, for damages, etc., for infringement of Letters Patent No. 2,190,880. Since the filing of that complaint, Perry M. Moss has assigned to Phoebe E. Moss, his wife, all his right, title and interest in and to said Letters Patent, including the right' to recover for past infringement of said patent, and Byron Jackson Co. has acquired , the assets of Patterson-Ballagh Corporation and has assumed any liability of said Corporation. Appropriate amendments have been made to the pleadings. :

The device described in the patent in suit, as well as other devices used or manufactured for similar purposes, have been designated variously in the pleadings and evidence as “draw works line guide or controller”, “wire line guide”, “line controller”, “wire line spooler” and “spooler”; for this memorandum we will call all of said devices “spoolers” unless another of said names is used.

The Moss Letters Patent were issued to Perry M. Moss on February 20, 1940, after application filed January 21, 1938.…

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