Geo. J. Meyer Manufacturing Co., a Wisconsin Corporation v. San Marino Electronic Corporation, a California Corporation

Plaintiff, appellee and cross-appellant, San Marino Electronic Corporation (San Marino) manufactures empty bottle inspection machines. Defendant, cross-complainant, appellant, cross-appellee, Geo. J. Meyer Manufacturing Co. (Meyer) manufactures a bottle inspection machine designated the Mark IV which is designed in part according to the teachings of U.S. Patent No. 3,133,640 (No. ’640). No. ’640 is the patent in suit.

To the extent important here the pleadings created issues as to the validity, infringement and misuse of Patent No. ’640. The district court determined that Meyer had not been guilty of misuse; that No. '640 was invalid but if valid not infringed. The appeal and cross-appeal present those issues to this Court.

At the time of the issuance of Patent No. ’640 there was an unfilled need for a device which would rapidly and efficiently inspect empty bottles and detect foreign particles in them. Meyer’s Mark IV based in part on Patent No. ’640 filled this need and was a commercial success.

Validity

The patent in suit envisages a device which may be described: At the bottom is a light source, over which is a glass light diffuser. Over that is the bottle to be inspected…