The Troy Company, a California Corporation v. Products Research Company, a Calfornia Corporation, Appellee-Cross v. The Troy Company, a California Corporation, Cross

339 F.2d 364 The TROY COMPANY, a California corporation, Appellant, v. PRODUCTS RESEARCH COMPANY, a Calfornia corporation, Appellee-Cross Appellant, v. The TROY COMPANY, a California corporation, Cross Appellee. No. 18960. United States Court of Appeals Ninth Circuit. December 14, 1964. Rehearing Denied February 9, 1965. John B. Young, Lyon & Lyon, Los Angeles, Cal., for appellant. C. A. Miketta, William Poms, Guy Porter Smith, Miketta, Glenny, Poms & Smith, Los Angeles, Cal., for appellee. Before CHAMBERS, KOELSCH and BROWNING, Circuit Judges. KOELSCH, Circuit Judge. 1 Products Research Company, holder of two patents 1 describing buckles commonly employed for automobile safety belts, instituted a patent infringement action against The Troy Company, seeking an injunction and damages. At trial, Troy asserted several defenses, including a denial of infringement, prior use, domestic and foreign, and obviousness of the invention. Four days of trial were consumed and considerable expert testimony was taken. Patent holder prevailed in all particulars. Further, the district court concluded that Troy was merely a nominal defendant, and that Danville Manufacturing Company (maker of…