[301 U.S. 216, 217] Messrs. Dean S. Edmonds, of New York City, and Albert L. Ely, of Akron, Ohio, for petitioner.
Mr. Thos. G. Haight, of Jersey City, N.J., for respondents Hall.
Mr. H. A. Toulmin, Jr., and H. A. Toulmin, Sr., both of Dayton, Ohio, for respondent James Mfg. Co. and another.
Mr. Justice STONE delivered the opinion of the Court.
These cases involve the validity of the Smith patent No. 1,262,860, of April 16, 1918, and more particularly the question whether Smith was anticipated by the prior use of the patented invention by Hastings. [301 U.S. 216, 218] In Smith v. Snow (1935) 294 U.S. 1 , 55 S.Ct. 279, we held the patent valid and infringed. But in that case the Hastings prior use was not presented or considered. At that time the present infringement suits brought by petitioner against respondents Hall and James were pending in the District Courts for Connecticut and for Western New York, respectively. In view of the definition given to the patent by our decision, the Hastings defense assumed an importance in these suits apparently not attributed to it in earlier litigation, and it has been developed in the records now before us more fully than in any earlier case.