Alden Hansen v. Safeway Stores, Incorporated, a Corporation
Opinion
Opinion
Fee, J.
This is an action for damages for patent infringement. It was tried in the District Court with a jury. After the jury failed to agree, the trial judge granted a motion for directed verdict. Judgment for defendant was entered on the ground of invalidity of the patent which founded the claim.
The evidence at trial showed that Alden Hansen was employed by defendant Safeway Stores, Incorporated, for the more part in the inventory control and billing department, which received integrated statistical information from the individual stores to the number of approximately two hundred in the San Francisco zone area. He worked out a business record device, which forms the basis for his application for letters patent. The patent office in the first instance found that the device was not patentable. However, the United States Court of Customs and Patent Appeals reversed. In re Hansen, 154 F.2d 684 , 33 C.C.P.A., Patents, 979. Upon this basis, letters patent issued as above noted. Before the issuance of the letters patent, Safeway accepted the device on a trial basis in the San Francisco zone office during June, 1942, and thereafter the use of similar forms was made according to stipulation in…