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ALEMITE CORP. v. ROGERS

January 12, 1934

ALEMITE CORPORATION
v.
ROGERS et al.



The opinion of the court was delivered by: SCHOONMAKER

This case having come on to be heard as to the defendants G. S. Rogers and R. W. Dusenberry, on bill, answer, and proofs, the court now makes the following findings of fact and conclusions of law:

Findings of Fact.

 1. The plaintiff is the owner of United States letters patent No. 1,307,734, granted June 24, 1919, to Arthur V. Gullborg, the invention disclosed therein, and all the rights and privileges under said letters patent.

 2. The said letters patent are good and valid in law.

 3. The defendants G. S. Rogers, trading as the Rex Duplex Fitting Company, and R. W. Dusenberry, have infringed claims 1, 2, 3, 4, and 8 of said Gullborg patent, No. 1,307,734, by the sale of lubricating equipment, particularly fittings exemplified by plaintiff's Exhibit No. 17, which fittings are adapted and intended for use in conjunction with the plaintiff's Alemite compressor and coupler outfits, like those exemplified by Plaintiff's Exhibits 5 and 6, and thereby have violated the rights of plaintiff under said letters patent.

 4. The defendants G. S. Rogers, doing business as Rex Duplex Fitting Company, and R. W. Dusenberry, have infringed claims 14 and 15 of said Gullborg patent, by manufacturing and selling compressor and coupler outfits like those exemplified by Plaintiff's Exhibit 16, adapted and intended for use in conjunction with the plaintiff's Alemite pinfittings of the types exemplified by Plaintiff's Exhibit 4, and thereby have violated the rights of the plaintiff under said letters patent.

 Conclusion of Law.

 The plaintiff is entitled to the relief prayed for in this bill of complaint as to these two defendants.

 Opinion.

 This is a patent suit involving Gullborg patent issued June 24, 1919. Claims 1, 2, 3, 4, 8, 14, and 15 are in suit. The defendant R. H. Kidd did not answer. The bill was taken pro confesso as to him, and a final decree was entered as to him, finding infringement by him of claims 1, 2, 3, 4, and 8 of the Gullborg patent. The other defendants answered, denying infringement, and the case was heard as to them on bill, answer, and proofs. As to them, we file herewith findings of fact and conclusions of law, holding them to be contributory infringers of this patent.

 The Gullborg patent covers a lubricating system of equipment, which has come to be practically of universal use in the lubricating of automobiles.

 No question of its validity was involved in this suit. The patent has been held valid by many courts, and its validity was conceded at the trial.

 Claims 1, 2, 3, 4, 8, 14, and 15 cover the combination of elements comprising the lubricating system, which includes pin-fittings permanently installed on each of the bearings of an automobile, the compressor or grease-gun from which the lubricant is forced into the bearing, and the coupler adapted to the pin-fittings, ...


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