Consolidated Vultee Aircraft Corp. v. Maurice A. Garbell, Inc.

This appeal is from a judgment which, in an action by appellees, Maurice A. Gar-bell, Inc., and Garbell Research Foundation, against appellants, Consolidated Vul-tee Aircraft Corporation, hereafter called Consolidated, and American Airlines, Inc., hereafter called American, held that claims 1, 2, 3, 5, 6 and 12 of patent No. 2,441,758 were valid and infringed by appellants, enjoined further infringement thereof and ordered an accounting of profits and damages.

The patent was for an airplane wing called a fluid-foil lifting surface — an alleged invention of Maurice A. Garbell, hereafter called Garbell. From. September 7, 1942, to October 15, 1945, Garbell was an employee of Consolidated. On September 7, 1942, and at all pertinent times thereafter, Consolidated was engaged in the business of manufacturing, using and selling airplanes and airplane wings of various types and designing, developing and perfecting new types of airplanes and airplane wings. On September 7, 1942, Consolidated and Garbell made and signed an agreement called an invention agreement, which provided:

During his employment by Consolidated, Garbell disclosed his alleged invention to Consolidated. Consolidated…