Norman G. Hovlid v. Harley Asari and Mrs. Harley Asari, the Wil-Nes Corporation

This is an appeal from a summary judgment entered by the United States District Court upon motion of appellees. Appellant is the owner of Hovlid Letters Patent Nos. 2,748,075 and 2,868,525 both of which relate to an aquarium device. Appellant brought an action against appellees Harley Asari and Mrs. Harley Asari as customers of appellee Wil-Nes Corporation, charging infringement of his first and second patents. The Wil-Nes Corporation then brought an action against appellant for a declaratory judgment declaring appellant’s first and second patents invalid and not infringed.

Both actions were consolidated for trial. Appellees filed a motion for summary judgment as to appellant’s second patent. The district court entered summary judgment holding appellant’s second patent invalid and certified that there was no just reason for delay in entering final judgment. We affirm.

The district court had jurisdiction by virtue of §§ 1338(a) and 1400(b) of Title 28 United States Code. Upon entry of a summary judgment and a final judgment within Rule 54(b), Fed.R.Civ.P., 28 U.S.C., and the filing of a timely notice of appeal, this court has jurisdiction to review the judgment entered below…