Systron-Donner Corp. v. Palomar Scientific Corp.

This suit for patent infringement and unfair competition was filed March 3, 1963. The patents in suit are No. 3,057,-195, issued October 9, 1962 and No. 3,-074,279, issued January 22, 1963. Defendant answered, denying infringement and unfair competition, and raising the further separate and affirmative defense that in any event all sales of the accused device were for government end use within the meaning of 28 U.S.C. § 1498 and, further, raising the issue of the jurisdiction of this Court to try the issues.

On October 23, 1963, this Court filed its memorandum denying defendant’s motion for summary judgment but ordering a separate trial of the issue of government end use.

On January 27,1964, this Court granted a motion by plaintiff to strike defendant’s defense of no jurisdiction and reaffirmed its order for separate trial of the government end use issue.

The case is now before the Court after trial by the Court of that issue.

The statute, in pertinent part, provides as follows:

Plaintiff introduced evidence which, it contends, shows sales by defendant of the accused product for purposes other than government end use: (1) a sale by the defendant to plaintiff, itself, through…