Talon, Inc. v. Union Slide Fastener, Inc., Union Slide Fastener, Inc. v. Talon, Inc.

Good Law
266 F.2d 731·121 U.S.P.Q. (BNA) 249·1959 U.S. App. LEXIS 5527
United States Court of Appeals for the Ninth CircuitApril 23, 195915714California5,824 words

Opinion

Opinion

Jertberg, J.

Talon, Inc., a Pennsylvania corporation, hereinafter designated Talon, instituted this action for a patent infringement against Union Slide Fastener, Inc., a California corporation, hereinafter designated Union, seeking relief by way of injunction and damage. Union denied the validity of Talon’s patents, and by counterclaim Union charged Talon with an unlawful combination and conspiracy to restrain and monopolize trade. Union prayed for treble damages and attorney’s fees against Talon.

The district court found and concluded that Talon’s patents were invalid and void and not infringed by Union. The district court adjudged that Talon take nothing, and that its complaint be dismissed. The court further concluded that Union take nothing on its counterclaim, and adjudged that the counterclaim be dismissed. The district court further adjudged that Union have and recover from Talon the sum of §20,000 for attorney’s fees. Talon appeals from the judgment of the district court dismissing its complaint, and from the judgment of the district court awarding attorney’s fees to Union. Union appeals from the judgment of the district court dismissing its counterclaim, and denying relief…

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