The following excerpt is from Blanchard v. JL Pinkerton, Inc., 77 F. Supp. 861 (S.D. Cal. 1948):
There is a formula which, so far as can be ascertained, is traceable to Peters v. Active Mfg. Co., C.C.Ohio 1884, 21 F. 319, 321, and which teaches that "that which infringes, if later, would anticipate, if earlier."
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