Brunswick Corporation v. Columbia Industries, Inc., a Corporation, Columbia Industries, Inc., a Corporation v. Brunswick Corporation

Brunswick Corporation, appellant [hereinafter “Brunswick”] instituted this action charging Columbia Industries, Inc., appellee [hereinafter “Columbia”] with infringement of Patent No. 3,068,-007, issued to Brunswick on December 11, 1962, as assignee of the inventor, Fred E. Satchell. The patent is entitled “Plastic Bowling Ball and Method of Making Same.” Columbia, by counterclaim, sought a declaratory judgment for invalidity and non-infringement of Brunswick’s patent and all of its sixteen claims.

In the pretrial order, Brunswick limited its claims it would rely on at the trial to Claims 12, 14, 15 and 16.

During the trial, and to simplify the proceedings and limit the issues, the parties stipulated that Columbia’s pearles-cent polyester bowling balls, charged to infringe Claims 12, 14, 15 and 16 of the patent, do not infringe Claims 1 to 11 inclusive, and 13 of the patent in suit; that Columbia withdraws that portion of its counterclaim which seeks a declaratory judgment with respect to Claims 1 to 11 inclusive, and 13; and that a partial judgment so declaring be entered.

The entry of the partial judgment left for determination by the court, as stated in the stipulation and…