Welsh Co. Of California, a Corporation v. Strolee of California, Inc., a Corporation

Strolee of California, Inc. (herein referred to as Strolee or appellee) sued Welsh Co. of California (herein referred to as Welsh or appellant), and in its first amended and supplemental complaint alleged patent infringement of Patent Numbers 2,728,580 and 2,798,730, with consequent damages, because of the construction and sale of collapsible baby strollers by Welsh. The district court awarded judgment to plaintiff Strolee and Welsh appealed to this court. We vacated the judgment and remanded the case for further findings. 9 Cir., 290 F.2d 509 . The original findings were thereafter supplemented by New Findings 24 to 26, inclusive, and 67 to 86, inclusive, appearing in the record before us on this second appeal.

This case was originally reversed because we were critical of certain findings which were too broad and conclusory— findings which did not reveal the “basic facts on which the District Court relied.” We cited Dalehite v. United States, 1953, 346 U.S. 15, 24, n. 8 , 73 S.Ct. 956, 962 , 97 L.Ed. 1427 . We specifically referred to, as insufficient, Findings 24 and 25 (with respect to reduction to use and practice); to the inconsistency between Findings 24 and 25; to the…