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BOUCHER INVENTIONS, LTD. v. SOLA ELEC. CO.

July 26, 1940

BOUCHER INVENTIONS, LIMITED, et al.
v.
SOLA ELECTRIC CO. et al.



The opinion of the court was delivered by: BAILEY

This cause having come on to be heard upon the pleadings, proceedings and proofs herein, filed on behalf of all parties, before Honorable Jennings BAILEY, Presiding Justice, sitting without a jury; and evidence having been received by the Court on April 15, 16 and 17, 1940; and briefs having been filed on behalf of all the parties, oral arguments by respective counsel having been waived, and the Court, being fully advised in the premises, after due consideration thereof makes these, its findings of fact and conclusions of law, as follows:

Findings of Fact.

 The Court finds as a matter of fact:

 1. Plaintiff Charles P. Boucher is a subject of the King of Great Britain and resides in Jersey City, New Jersey.

 2. Plaintiff Boucher Inventions, Ltd., is a corporation organized and existing under the laws of the State of Delaware and has a place of business in Washington, D.C.

 3. Plaintiff Charles P. Boucher filed an application for Letters Patent of the United States in the United States Patent Office on September 20, 1935, the same bearing Serial No. 41,476, and covering an invention entitled "Electrical Transformer Apparatus."

 4. Plaintiff Boucher Inventions, Ltd., is the sole owner of all rights in, to and under the aforesaid Charles P. Boucher patent application, subject to an outstanding license thereunder to the National Transformer Corporation of New York, N.Y.

 5. Defendant Joseph G. Sola is a citizen of the United States and a resident of the State of Illinois.

 6. Defendant Sola Electric Co. is a corporation organized and existing under the laws of the State of Delaware and has its office and principal place of business at Chicago, Ill.

 7. Defendant Joseph G. Sola filed an application for Letters Patent of the United States in the United States Patent Office on August 27, 1935, said application bearing Serial No. 38,073, covering an invention entitled "Reactance Transformer," and having resulted in Letters Patent No. 2,136,895, dated November 15, 1938.

 8. Defendant Sola Electric Co. is the assignee and the sole owner of the aforesaid Joseph G. Sola patent No. 2,136,895.

 9. On April 4, 1936, the Commissioner of Patents declared an interference between the aforesaid Boucher patent application, the aforesaid Sola patent application and an application filed by one James A. Comstock, said interference being designated and known as Boucher v. Comstock v. Sola, No. 72,593, and involving three counts which corresponded respectively to claims 16, 17 and 5 of said Boucher application and claims 1, 2 and 7 of said Sola application and patent.

 10. On April 4, 1936, the Commissioner of Patents declared an interference between the aforesaid Boucher patent application and the aforesaid Sola patent application, said interference being designated and known as Boucher v. Sola, No. 72,594, and involving four counts which corresponded respectively to claims 18, 19, 20 and 21 of ...


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