The Carborundum Company v. Wilbanks, Inc.

This appeal concerns the validity of United States patent No. 3,067,816, which relates to a process for the production of ceramic suction box covers used in papermaking machines. Plaintiff-appellant, The Carborundum Company (Carborundum) sued defendant-ap-pellee, Wilbanks, Inc. (Wilbanks) for patent infringement, injunctive relief and damages. Wilbanks denied infringement on the grounds that the patent in suit was invalid under 35 U.S.C. §§ 101 , 102, 103 and 112, and counterclaimed for a declaration of invalidity under 28 U.S.C. § 2201 and injunctive relief against further suits or threats of suit against customers of defendant.

The district court found the patent invalid under 35 U.S.C. § 103 as obvious to a person having ordinary skill in the art. In addition, it found the terms of the specification required by 35 U.S.C. §§ 111 , 112 were stated too indefinitely to enable a person skilled in the art to make and use the invention. In this appeal, Carborundum assigns error to those conclusions of law and the factual findings upon which they are based.

The district court had jurisdiction under 28 U.S.C. § 1338 (a). Our jurisdiction rests upon 28 U.S.C. § 1291 . We affirm.

(a)…