Charles F. Hansen v. Ottis M. Colliver and Floyd E. Fuller

In the district court appellant, as owner of United States letters patent No. 2,552,673 issued May 15, 1951, sought recovery of damages against the appellees for alleged infringement of patent, for injunctive relief, and for declaration of validity of said patent. Appellees denied the validity of appellant’s patent and infringement thereof, and counterclaimed for damages alleged to have resulted from notices sent by appellant to appellees’ customers alleging infringement of appellant’s patent by such customers. Trial was had before the court without a jury, and at the conclusion of the trial appellant waived any claim for damages against the appellees on account of the alleged infringement. The district court by its judgment decreed the validity of appellant’s patent, that said patent was not infringed by the construction or use of appellees’ accused device, and dismissed appellees’ counterclaim. Appellant appeals from that portion of the final judgment which holds his patent is not infringed by the construction or use of appellees’ device.

The jurisdiction of the district court is predicated on 28 U.S.C.A. § 1338 (a). This Court has jurisdiction to review the judgment under the…