Elrick Rim Company v. Reading Tire Machinery Co.

264 F.2d 481 120 U.S.P.Q. 514 ELRICK RIM COMPANY, a co-partnership consisting of M. C. Elrick and M. B. Champlin, Appellant, v. READING TIRE MACHINERY CO., Inc., a corporation, and Ralph R. Reading, an individual, Appellees. No. 15986. United States Court of Appeals Ninth Circuit. March 4, 1959, Rehearing Denied April 6, 1959. Jack E. Hursh, Mellin, Hanscom & Hursh, San Francisco, Cal., for appellant. Albert M. Herzig, Los Angeles, Cal., for appellee. Before BARNES, HAMLEY and JERTBERG, Circuit Judges. HAMLEY, Circuit Judge. 1 Seeking to defend its method of applying liquid rubber cement on tires, Elrick Rim Company brought this action for a declaratory judgment. 1 The company sought a judicial declaration that a patent owned by Ralph R. Reading, covering a process for the application of liquid rubber cement, is invalid and not infringed by Elrick Rim Company. It also sought damages for unfair competition. 2 The defendants are Reading, to whom the patent (No. 2,721,148) was issued on October 18, 1955, and his exclusive licensee, Reading Tire Machinery Co., Inc. They denied the principal allegations of the complaint. They also counterclaimed for a judicial declaration that the…