Seagren

Seagren v. Smith

Good Law
1944 Cal. App. LEXIS 998·63 Cal. App. 2d 733·147 P.2d 682·61 U.S.P.Q. (BNA) 330
Court of Appeal of CaliforniaApril 10, 1944Civ. 14341California2,261 words

Opinion

Opinion

York, J.

—This appeal which is presented on the judgment roll alone is from that portion of a judgment rendered in an action by a patentee for an accounting and injunction against his licensee by which the trial court determined that it was without jurisdiction to grant any relief from and after the date of a notice given to him by the defendant cancelling the license.

Prom a recitation in appellant’s opening brief outlining the factual background of the instant litigation—which is not disputed by respondent—it appears that appellant is the inventor of a multiple gear rotary pump used in pumping liquids; that the gears are enclosed in a housing in which the pressures on opposite sides of each pumping gear are equalized. Respondent, an engineer of many years’ experience, has been engaged in various manufacturing enterprises including the manufacture and development of spray guns and rotary meters, and since November, 1938, has conducted his business under the name of “Smith Precision Products Company.” Appellant’s invention is described in and covered by a patent issued to him and dated February 21, 1939. Some time in November of 1939 appellant entered the employ of respondent, who began…

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