Botsolas

MEMORANDUM OF DECISION AFTER BIFURCATED TRIAL HOLDING DEFENDANTS IN CIVIL CONTEMPT (ISSUE AS TO AMOUNT OF DAMAGES TO BE DETERMINED LATER)

In this action plaintiff, Chris J. Botsolas, has moved the Court for an order adjudicating defendants to be in civil contempt of this Court for violation of an injunction which is a part of a consent judgment entered on November 30, 1970. Such consent judgment held that defendants had infringed plaintiff’s patent in suit by making and selling pipe-fitting elbow covers covered by the patent and by inducing others to use defendants’ pipefitting elbow covers. The trial on the issue of contempt was heard on April 28, 1972, and after the introduction of evidence and oral and written argument by counsel for the respective parties and the filing of posttrial memoranda the cause was submitted for decision.

In the above-mentioned consent judgment this Court pursuant to stipulation held that plaintiff’s U. S. Letters Patent No. 3,495,629 is good and valid as between the parties to that suit. The Court enjoined defendants Schultz Laboratories and State Insulation Co., Inc. and their officers, directors, agents and employees, and defendants Roland Schultz…