William T. Alvarado Sales Co. v. Rubaloff

263 F.2d 926 120 U.S.P.Q. 355 WILLIAM T. ALVARADO SALES CO., and Spee-Dee Checkout Systems, Inc., Appellants, v. Sidney S. RUBALOFF and Abraham M. Gross, individually and doing business as Check-A-Matic Co., and Du-More Fixture Co., Inc., Appellees. No. 15855. United States Court of Appeals Ninth Circuit. Feb. 6, 1959, Rehearing Denied March 9, 1959. Fred H. Miller, Hazard & Miller, Los Angeles, Cal., Earl & Webb, Kalamazoo, Mich., for appellants. Bernard Kriegel, Paul P. Selvin, Lynn H. Latta, Los Angeles, Cal., for appellees. Before BARNES, HAMLEY and JERTBERG, Circuit Judges. 1 HAMLEY Circuit Judges. 2 This is a patent infringement suit between competing manufacturers and sellers of supermarket check stands. The trial court found and concluded that the patent is invalid because of the prior art and for lack of invention. Without reaching the question of infringement, therefore, the court entered judgments for the defendants. Plaintiffs appeal. 3 Plaintiff Spee-Dee Checkout Systems, Inc., is the owner of United States patent No. 2,599,909, issued June 10, 1952, to Will L. George. Plaintiff William T. Alvarado Sales Co. is the exclusive licensee of this patent in the…