Dubil

Dubil, Hubik and Shores, the appellants, brought suit in the court below under R. S. § 4921, as amended by the Act of August 1, 1946, § 1, 60 Stat. 778 , 35 U.S.C.A. § 70 , alleging the infringement by Rayford Camp of Patent No. 2,052,221 for a “Method of Preparing Fresh Meat” issued to Dubil and Hubik. Shores was a licensee under the patent. As a second and further cause of action against Camp the appellants asserted that he was guilty of unfair competition in simulating a trademark label “Chip Steaks” and using it for the sale of steaks, that trade-mark haying been registered by Hubik with the Secretary of State of California under Section 14230, California Business and Professions Code.

Rayford Camp filed an answer and a counterclaim. The counterclaim asserted that Hubik’s trade-mark “Chip Steaks” had been illegally granted by the State of California and prayed for its cancellation. After extended hearings the court below held that the disclosures of the patent had been anticipated by the prior art and that Hubik and Dubil had made representations to the Patent Office which were knowingly false and that the patent was invalid for this reason as well. The court concluded also…