Joel A. Del Francia v. Stanthony Corporation, a Corporation

We have before us a patent infringement case. Appellant sought a declaration of the validity of United States Letters Patent No. 2,812,706, treble damages against the appellee for the wilful infringement of said patent, and an injunction to restrain appellee from further infringement thereof. Appellee denied the validity of appellant’s patent, the infringement thereof, and counterclaimed for declaratory judgment of the patent’s invalidity. Trial was had without a jury, and judgment was rendered by the district court that the patent in suit was invalid, that each of the claims thereof was invalid and in no wise infringed by appellee. On this appeal appellant relies on 27 assignments of error.

Jurisdiction of the district court was based upon Title 28 U.S.C.A. § 1338 . Jurisdiction of this Court was based upon Title 28 U.S.C.A. §§ 1291 and 1294.

Appellant is the owner of the patent in suit, which is entitled “Electrical Broiler”. The patent is concerned with the problem of how to obtain a flame broiling effect on meat (to be distinguished from a radiant heat broiling effect) by means of electromechanical equipment, the aim being to enhance the use of such electrical broilers in…