From Casetext: Smarter Legal Research

Macite Corp. v. Davison

United States Court of Appeals, District of Columbia Circuit
Apr 1, 1954
211 F.2d 650 (D.C. Cir. 1954)

Opinion

No. 11730.

Argued January 11, 1954.

Decided April 1, 1954.

Mr. Neil Burkinshaw, Washington, D.C., with whom Mr. Dennis Collins, Washington, D.C., was on the brief, for appellant.

No brief for appellees. Messrs. Sherman E. Burt and William A. Clineburg, Washington, D.C., entered appearances for appellees.

Before BAZELON, FAHY and WASHINGTON, Circuit Judges.


Appellant corporation, as assignee-licensee of Letters Patent No. 2,078,264, sued appellees, alleging that the latter were manufacturing and selling the patented product without permission or right. Appellant asked an injunction and an accounting. The District Court, after hearing without a jury the evidence offered by plaintiff-appellant, dismissed the complaint.

After considering the evidence in the light most favorable to plaintiff-appellant, Higashi v. Shifflett, 1952, 90 U.S. App.D.C. 302, 195 F.2d 784, we have concluded that a prima facie case was not made out. The judgment must accordingly be

Affirmed.


Summaries of

Macite Corp. v. Davison

United States Court of Appeals, District of Columbia Circuit
Apr 1, 1954
211 F.2d 650 (D.C. Cir. 1954)
Case details for

Macite Corp. v. Davison

Case Details

Full title:MACITE CORP. v. DAVISON et al

Court:United States Court of Appeals, District of Columbia Circuit

Date published: Apr 1, 1954

Citations

211 F.2d 650 (D.C. Cir. 1954)

Citing Cases

Kim Bros. v. Hagler

The patentee who charges infringement is entitled to the presumption of validity. From such presumption no…