Brooks Walker v. General Motors Corporation and Les Vogel Chevrolet Company

In an action for damages for patent infringement the district court granted defendants’ motion for summary judgment and held plaintiff’s Patent No. 2,131,306 invalid. Plaintiff appeals.

Federal Rule 56 permits a court to terminate patent litigation by summary judgment [Fromberg, Inc. v. Gross Mfg. Co., 328 F.2d 803, 805 (9th Cir. 1964)], although the occasion for using this procedure in such cases may be relatively rare. Rankin v. King, 272 F.2d 254, 258 (9th Cir. 1959); Ronel Corp. v. Anchor Lock of Florida, Inc., 325 F.2d 889 (5th Cir. 1963). Summary judgment is appropriate in a patent case, as in other civil cases, if there is no genuine issue as to a material fact; and it is inappropriate if such an issue exists. 6 Moore, Federal Practice 2611.

The Walker patent relates to the placing of a gas tank, in the fender of an-automobile. The district court concluded that the patent was invalid under 35 U.S. C.A. § 102(b) because the subject matter was “anticipated” by a French publication filed in the patent office more than two years prior to the filing of the Walker patent application. The district court held that the French publication disclosed all the elements of the Walker…