Monolith Portland Midwest Company, a Nevada Corporation v. Kaiser Aluminum & Chemical Corporation

Appellant, Monolith Portland Midwest Company (“Monolith”), brought this action against the appellees, claiming misappropriation of its confidential business information and infringement of its pat ent. Monolith is a Nevada corporation, manufacturing cement in Laramie, Wyoming. Appellees (“Kaiser”) are Kaiser Aluminum & Chemical Corporation, a Delaware corporation, Kaiser Aluminum & Chemical Sales, Inc., a California corporation, and three Kaiser employees. Kaiser supplies bricks and metal shims to cement companies such as Monolith.

After protracted discovery and an extended trial, judgment was rendered in favor of Kaiser on all counts. In addition, the District Court concluded that the case was “exceptional” within the meaning of 35 U.S.C. § 285 , and Kaiser was awarded $280,000 attorney’s fees. ■ Monolith appeals from the judgment, contending that the court erred in rejecting its claim for relief based on misappropriation of its trade secret and in awarding attorney’s fees to Kaiser. We modify the award of attorney’s fees by reducing the amount from $280,000 to $70,000, and we affirm the judgment as modified.

On June 6, 1958, Monolith filed its complaint, upon various legal…