Butcher Boy Refrigerator Door Co. v. Phillips Refrigeration Products Co.

The complaint herein charges defendant with infringement of four United ' States patents on hinges, consisting of one design patent and three mechanical patents. 1

Defendant by its answer denied infringement and the validity of the patents in suit. In its amended answer the defendant alleged that patents 2,521,756, 2,535,324 and 2,586,573 are invalid for failure to comply with Sec. 112 of the Patent Act of 1952, 35 U.S.C.A. requir *332 ing an applicant for patent to clearly and specifically point out what is claimed to be new.

The plaintiff in this action, Butcher feoy Refrigeration Door Company is an Illinois corporation having its place of 'business in Harvárd, Illinois. Plaintiff is the owner of the four patents in- suit and manufactures and sells Butcher Boy hinges. The defendant, Phillips Refrigeration Products, Inc., is a California corporation having its place of business in San Francisco. Defendant is a distributor of the accused Birkenwald hinges which are manufactured by S. Birkenwald and Co., Inc., of Portland, Oregon. At the time that plaintiff began its hinge business there were many manufacturers of hinges in the United States, the most prominent being the Jamison…