Ceramic Tilers Supply, Inc., a Corporation v. Tile Council of America, Inc., a Corporation

Appellant appeals from the decision below which found United States Patents Number 2,934,932 and Number 2,990,382 valid and infringed by appellant’s products. Following a trial to the Court the case was referred to a Special Master for determination of damages.

Appellee is a trade association composed of manufacturers of ceramic tile in the United States. The patents involved are products of the research center maintained by appellee for the purpose of developing methods and materials which will promote the use of ceramic tile. In 1955 investigation into then existing problems of tile installation was begun and ultimately resulted in the patents here in issue which provided a method by which ceramic tile could be installed at a substantially lower cost than was involved in the methods then prominent in the industry. Appellee licensed a number of companies who began production and sale of the patented products, which have become the most widely used products of their kind in the industry. Appellant also has produced, without license, products which the court below found to infringe upon the patented products.

United States Patent 2,93k,932

The ’932 patent claims an improved…