Western Lighting, Inc., a Corporation v. Smoot-Holman Company, a Corporation

This case is one based upon patent infringement. The District Court had jurisdiction pursuant to Title 28, U.S.C., Section 1338 (a). This Court has jurisdiction on appeal pursuant to Title 28, U.S.C., Section 1292 (a) (4).

Sometime in 1950 Gale F. Thomas, a graduate engineer in the employ of appellee, Smoot-Holman Company, conceived a unique idea for the construction of certain lighting fixtures. In September of 1954, Thomas made a rough cross-sectional sketch of á lamp housing to be used in the manufacture of a lighting fixture. Mock-up or experimental fixtures embodying the unique design of the Thomas housing were installed in the private office occupied by Mr. Smoot and Mr. Holman and in the photometric laboratory of Smoot-Holman Company in the latter part of 1954 or early in 1955. Under the direction and supervision of Thomas, fixtures embodying Thomas’ principles were installed in the engineering building of AiResearch Corporation in Los Angeles in the latter part of 1955. Application for patent was filed May 28, 1956. Letters Patent No. 2,932,728 issued to Thomas April 12, 1960. Thomas assigned the patent to Smoot-Holman Company.

Appellant, Western Lighting, Inc., was…