Charles D. Ashcroft and Milton A. Engle v. Paper Mate Mfg. Company

This is an action for damages' for the infringement of United States Patent No. 3,018,761. The District Court granted defendant’s motion for summary judgment and held the appellant’s patent invalid under 35 U.S.C. § 101 as lacking novelty, under 35 U.S.C. § 102 as claiming more than was invented by the patentee, and under 35 U.S.C. § 103 as being obvious to a person having ordinary skill in the art. In addition, the Court also found that the facts and circumstances of this case make it “exceptional” within the meaning of 35 U.S.C.A. § 285 , and awarded $4,000.00 in attorneys’ fees to the defendant.

On appeal, the plaintiffs contend that the District Court erred (1) in invoking summary judgment proceedings, (2) in its application of substantive law to find the patent invalid, (3) in awarding partial attorney’s fees to the defendant and (4) when upon remand, it permitted the introduction of the missing exhibits, and a new summary judgment, without affording plaintiffs a further hearing.

(1) SUMMARY JUDGMENT

There can be no dispute that the granting of a motion for summary judgment, which renders a patent claim invalid, is proper when “there is no genuine issue as to any material…