Laurent Regimbal v. Peter Scymansky, Laurent Regimbal v. Lloyd Brulotte, Laurent Regimbal v. Melvin J. Newhouse
Opinion
Opinion
Carter, J.
Appellants in case #23947 filed this action against appellees for infringement, contributory infringement, and inducing infringement of appellants’ Regimbal Patent #2,699,172. The district court held that the Regimbal patent was invalid for obviousness under 35 U. S.C. § 103. The court’s findings indicate, in the alternative, that if the patent were valid, then appellees’ actions constituted infringement. No reference to these findings appears in the judgment. We affirm the district court’s determination that the Regimbal patent is invalid and, therefore, do not reach the infringement issues in the cross-appeals (No. 23,975 and 23,976). The cross-appeals are dismissed.
I. Factual Background:
Appellants, in case #23947, Regimbal and Thurmer, are the joint inventors and joint owners of the patent in issue [Regimbal #2,699,172], Appellants’ patent describes a “vertical” or “upright” hop-picking machine in which the hop vines hang vertically with their butt ends at the top as they are picked. This type of machine is distinguishable from a “horizontal” machine, in which the hop vines move with their length horizontally as they are picked.