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Keywords

plaintiffdefendantdiscoverystatuteappealwillpatentequitable relief

plaintiffinjunctionwillpatent

Related Cases

Gillman v. Stern, 114 F.2d 28, 46 U.S.P.Q. 430

Facts

William Gillman and others filed a suit against William E. Stern and another to enjoin the infringement of patent No. 1,919,674 for a pneumatic 'puffing machine' issued to the Sterling Airbrush Company. The defendants counterclaimed for unfair competition. The district court dismissed both the complaint and the counterclaim, leading to appeals from both parties. The court ultimately found that the patent was valid and infringed, and that the counterclaim was dismissed.

The plaintiffs filed the usual complaint, asking an injunction for the infringement of Patent No. 1,919,674, issued on July 25, 1933, to the Sterling Airbrush Co., assignee of Laszlo Wenczel, for a pneumatic 'puffing machine.'

Issue

Whether the patent No. 1,919,674 for a pneumatic 'puffing machine' was valid and infringed, and whether the counterclaim for unfair competition should be upheld.

Rule

The statute regarding patentable inventions does not include 'uses' among what can be patented unless they are part of arts or processes. An old article that is physically changed to fit a new use can be considered a new 'machine' or 'manufacture' and thus patentable. The key question is whether the discovery of a new use requires sufficient original thought to be deemed an 'invention'.

Analysis

The court analyzed the changes made to the old device and determined that the modifications were significant enough to constitute a new invention. The court also evaluated the prior use defense and concluded that the defendant's claims of prior use were based on a secret use, which does not invalidate a patent. The court found that the plaintiffs had sufficient title to the patent and that their conduct did not bar them from equitable relief.

Conclusion

The court reversed the district court's judgment, holding that the patent was valid and infringed, and directed that judgment be entered for the plaintiffs on all claims.

The judgment is reversed and the usual judgment will be entered for the plaintiffs on all claims.

Who won?

The plaintiffs, William Gillman and others, prevailed in the case as the court found that their patent was valid and infringed. The court determined that the modifications made to the pneumatic 'puffing machine' were sufficient to constitute a new invention, and that the defendant's claims of prior use were based on a secret use that did not invalidate the patent. The court also dismissed the defendant's counterclaim for unfair competition, reinforcing the plaintiffs' position.

Counterclaim dismissed, and judgment reversed, and the usual judgment directed to be entered for the plaintiffs on all claims.

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Earle v. Sawyer, 4 Mason 1, 8 F.Cas. 254, No. 4247, 1 Robb.Pat.Cas. 490, Merw.Pat.Inv. 502

Baltimore & Carolina Line v. Redman, 295 U.S. 654, 55 S.Ct. 890, 79 L.Ed. 1636, 1935 A.M.C. 881

Dean v. Mason, 61 U.S. 198, 20 How. 198, 1857 WL 8579, 15 L.Ed. 876

S.C. Johnson & Son, Inc. v. Carter-Wallace, Inc., 781 F.2d 198, 228 U.S.P.Q. 367

Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana Corp., 383 F.3d 1337, 72 U.S.P.Q.2d 1560, 65 Fed. R. Evid. Serv. 365