Kamei-Autokomfort, a Corporation of Germany, and Superior Industries, Inc., a Corporation v. Eurasian Automotive Products (Formerly Gus Mozart)

This is a patent infringement suit brought by Kamei-Autokomfort (Kamei), a company from West Germany, and Superior Industries, Inc. (Superior), a California corporation, against Eurasian Automotive Products (Eurasian), a California corporation. Kamei is the owner of U. S. Patent No. 3,312,124 (the Meier patent), which was applied for on December 13, 1965 and granted April 4, 1967. Kamei has licensed it solely and exclusively to Superior. The subject matter of the patent is a perforated synthetic plastic steering wheel cover with a porous foam core. Eurasian contended in the lower court that the Meier patent was invalid and that alternatively the steering wheel covers sold by Eurasian 1 did not infringe the Meier patent. The district court found the patent valid and infringed.

On appeal, Eurasian contends that the district court should have found the Meier patent void for obviousness under 35 U.S.C. § 103 in that:

*605 Appellant also contends that the district court erred in finding the Meier product claims valid when in fact Meier used an old material which was patentable only as a process under 35 U.S.C. § 100 (b) and § 101.

We are convinced that the trial court’s findings and…

On Petition for Rehearing

ORDER

Appellees’ claim that we entirely overlooked Cataphote Corp. v. De Soto Chemical Coatings, Inc., 356 F.2d 24, 26 (9th Cir. 1966), is groundless. Here, as distinguished from Cataphote, we have a definite and firm conviction that a mistake was committed by the trial judge. Consequently, his findings were clearly erroneous. Headnote one of our opinion makes this clear.

The Petition for Rehearing is denied.

553 F.2d 603 194 U.S.P.Q. 362 KAMEI-AUTOKOMFORT, a corporation of Germany, and Superior Industries, Inc., a corporation, Plaintiffs-Appellees, v. EURASIAN AUTOMOTIVE PRODUCTS (formerly Gus Mozart), Defendant-Appellant. No. 75-2383. United States Court of Appeals, Ninth Circuit. April 7, 1977. Rehearing Denied May, 5, 1977. 1 Richard E. Alexander, Chicago, Ill., argued, for defendant-appellant. 2 Francis A. Utecht, argued, Fulwider, Patton, Rieber, Lee & Utecht, Long Beach, Cal., for plaintiffs-appellees. 3 Appeal from the United States District Court For the Northern District of California. 4 Before BROWNING and KILKENNY, Circuit Judges, and VAN PELT, Senior District Judge. * 5 VAN PELT, Senior District Judge. 6 This is a patent infringement suit brought by Kamei-Autokomfort (Kamei), a company from West Germany, and Superior Industries, Inc. (Superior), a California corporation, against Eurasian Automotive Products (Eurasian), a California corporation. Kamei is the owner of U. S. Patent No. 3,312,124 (the Meier patent), which was applied for on December 13, 1965 and granted April 4, 1967. Kamei has licensed it solely and exclusively to Superior. The subject matter of the…