Atlas-Pacific Engineering Company, a Corporation v. Geo. W. Ashlock Company, a Corporation

This is an appeal from a judgment of the District Court in an infringement suit. Plaintiff in the District Court (ap-pellee here) alleged that Claims 5 and 11 of Patent 2,406,736, granted to plaintiff’s predecessor in interest for a machine for the automatic high speed pitting of olives, had been infringed. Defendant denied infringement, claimed among other things invalidity of the claims, and urged that the patent was unenforceable because of misuse thereof. At the trial, Claim 5 was withdrawn from issue,

After a lengthy trial, the District Court entered extensive findings of fact and concluded that Claim 11 was valid, had been infringed, and awarded damages. Geo. W. Ashlock Co. v. Atlas-Pacific Engineering Co., D.C., 225 F.Supp. 205 .

Our examination of the record convinces us that there is warrant in the record for all the findings and conclusions of the trial court with respect to the substantive claims of and defenses to infringement, but this is not dispositive of the case.

In findings of fact 29 and 30, the trial court found that Atlas’ total income from rental of the infringing machines was $37,988.92, and that this amount was “a reasonable royalty for the defendant to…