Harry J. Locklin and Elmer J. Brant, General Partners Doing Business Under the Firm Name of Radiant Color Company v. Switzer Brothers, Inc.

This case has already been before the court twice. On the first occasion we upheld the District Court’s determination that the Kazenas patent of appellee was valid and infringed. Locklin v. Switzer Bros., 299 F.2d 160 (9th Cir. 1961). On the second occasion we reviewed the determination of the District Court that appellants, in marketing a new resin (one different from that originally held to infringe), were again infringing and guilty of contempt. On that second occasion we remanded the case to the District Court for determination of a specific factual issue which we held to be crucial to the issue of infringement. Locklin v. Switzer Bros., 348 F.2d 244 (9th Cir. 1965).

We noted (at page 246):

We remanded with instructions (at page 246) “that trial be had upon the sole question whether, in the 4-C resin, the amount of melamine utilized is such as to bring the resin within the limits of the claims of the Kazenas patent as those claims are delineated in our former opinion.”

The District Court has now tried this special issue, receiving expert testimony and exhibit evidence. Its findings of fact were incorporated in a memorandum decision. It expressly found “that the amount of…