Saf-Gard Products, Inc. v. Service Parts, Inc.

Saf-Gard Products, Inc. brought suit for damages and injunctive relief from patent infringement and related acts of unfair competition. Service Parts, Inc., named as defendant, asserted that the patent was invalid. The trial court determined that Saf-Gard’s patent was valid, that Service Parts had infringed it, and that Service Parts had otherwise engaged in unfair competition. The court further ruled that this is “an exceptional patent case within the meaning of Title 35 U.S.C. §§ 284 and 285.” It reserved damage determination until the accounting phase of the trial.

Service Parts appealed pursuant to the statute granting jurisdiction to review a patent case that is final except for an accounting. 28 U.S.C. § 1292 (a)(4). We affirm the trial court’s determination that Saf-Gard’s patent was valid and that Service Parts infringed upon it. For the reasons set forth below we do not rule on the other determinations of the district court.

I. DESCRIPTION OF THE PATENTED DEVICE

The patent in question, U.S. Patent No. 3,601,181, is entitled, “Method and Apparatus for Purging Air from Internal Combustion Engine Cooling Systems.” The pat ented device is designed to increase the…