Civil Procedure Keyed to Cound
Electrical Fittings Corp. v. Thomas & Betts Co
The Respondents brought a suit in equity for alleged infringement of a patent. The District Court held that claim one was valid, but not infringed and claim two was invalid. The decree entered stated that claim one was valid, but dismissed it for failure to prove the infringement. The Respondents filed in the Patent Office a disclaimer of claim two, but did not appeal. The Petitioners, however, appealed from the part of the lower court’s decree that claim one was valid. The appeal was dismissed because the Petitioners received all the relief they could get and the litigation was in their favor.
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