Photochart Photo Patrol, Inc. v. Photo Patrol, Inc. Photochart

Plaintiffs (appellants) Lorenzo del Ric-cio and Photochart Corporation brought this action charging patent infringement and unfair competition. The patent in suit (Reissue Patent No. 22,881) is a method of photographically recording the finish of horse races. The idea embodied in the patent was conceived by del Riccio and was referred to throughout the trial as the del Riccio method. A full understanding of the issues on this appeal necessitates a brief outline of the facts.

Del Riccio first employed the method in suit in July, 1937. At that time del Riccio had in his employ one Harry Belock, a photography engineer whose duties were designing, constructing and operating photo-finish cameras. Belock terminated his employment with del Riccio in January or February of 1938 and in October of that year applied for a patent on a method of photographing the finish of horse races by the use of “slit photography.” Patent No. 2,257,100 was issued to Belock as a result of this application, which patent he assigned to American Teletimer Corporation, one of the defendants in this action.

Del Riccio did not apply for a patent on his method until March 20, 1939 — a period of approximately six…