Oregon Saw Chain Corporation, a Corporation v. McCulloch Motors Corporation, a Corporation

McCulloch Motors Corporation, a corporation (hereinafter referred to as McCulloch, plaintiff or appellee) sued below for declaratory relief in connection with United States Letters Patent No. 2,508,784 and No. 2,622,686 (hereinafter referred to as ’784 and ’636, respectively). The sole defendant was Oregon Saw Chain Corporation, a corporation (hereinafter referred to as Oregon, defendant, •or appellant), the owner of Cox patents ’636 and ’784.

This declaratory relief action was brought under Sections 1338(a) and 2201 of Title 28 United States Code. Jurisdiction on appeal lies with this court. 28 TJ.S.C. § 1291.

The district court judge granted a motion for partial summary judgment on file wrapper estoppel, holding that Mc-Culloch had not infringed any claim of ’636 by the manufacture, use or sale of saw chains, represented by Exhibits A-3 to A-21, inclusive, the alleged infringing chains.

The motion was granted in the court below on Ground 1 of McCulloch’s motion, to-wit:

The second and third grounds urged in support of the motion for partial summary judgment (public use and sale more than one year prior to filing of claims, and “double patenting”) were not considered or ruled…