The Filtex Corporation v. Amen Atiyeh, (Two Cases)

The plaintiff (appellee here) brought this action in the United States District Court, Southern District of California, Central Division, against the defendant (appellant here). The case involved two appeals from j’udgments entered in that court.

The first appeal is from an interlocutory j'udgment finding the defendant-appellant guilty of infringement of Letters Patent of the United States No. 2,556, 022 and to have been guilty of a breach of confidential relationship and ordering an injunction and accounting and an award of attorney fees-. The second appeal is from a judgment entered .upon the report of the Special Master on the accounting awarding -damages and attorney fees.

This suit 'arises under the patent laws of the United States and the jurisdiction of the District Court and Appellate Court is well founded.

Plaintiff, for some time, sold and repaired various of the popular types of vacuum cleaners which included repairing some Piltex machines. While thus engaged he discovered that there were very few machines that had a nozzle that would thoroughly remove, in one operation, surface lint and hair together with imbedded dirt, without harm to the rug.

In 1945 he became a…