John W. Bentley v. Sunset House Distributing Corp., Etc.

Bentley brought this action for unfair competition and for patent infringement under 35 U.S.C. § 281 , asking treble damages, costs, and attorney’s fees. The jury returned a general verdict for Bentley, assessing his damages at $4,581.60. The court granted defendant Sunset House’s motion for judgment notwithstanding the verdict (Rule 50(e), F.R.Civ.P.), and also granted, conditionally, its motion for a hew trial. Bentley appeals.

A model of the patented device, a meatball mold, was first made some time in 1956. As finally refined, it is a scissor-like instrument whose two handles, affixed together at about midpoint with a rivet, terminate at the other end in facing hemispherical cups which close together to make-a sphere. The edges of the cups taper to a cutting edge. Each handle is attached to the outer wall of its cup at about midpoint between edge and apex to avoid a build-up of meat between the handles and to make cleaning easier. In order that the meatball will be firm enough to hold together throughout the cooking and serving process, yet not so firm as to be difficult to eat, a hole is cut in the apex of each cup, of a size that allows the escape during compression of just…