The Ceco Corporation v. Bliss & Laughlin Industries, Inc.

Plaintiff filed this suit in March 1974 seeking a declaratory judgment that Cunningham Patent No. 3,527,320 held by defendant is invalid or, in the alternative, not infringed by plaintiffs scaffolding. After a trial, the district court held the patent invalid on the grounds of obviousness and prior public use. The court also held that plaintiff’s scaffold does not infringe the Cunningham claims, even if valid.

Arthur L. Cunningham was awarded the patent in question on September 8, 1970, on the basis of his patent application filed on July 19,1968. He was employed by Superi- or Scaffolding Company in Torrance, California, from 1961 through 1968 as its plant manager and then as its vice president of manufacturing. Defendant acquired the assets and stock of Superior on December 31, 1967.

While Cunningham was employed by Superior, that company manufactured, leased and sold shoring under its Squire Patent No. 3,190,405. This shoring was known as SHORE-X, and the patent for it was upheld in Bliss & Laughlin Industries, Inc. v. Bil-Jax, Inc., 356 F.Supp. 577 (N.D.Ohio 1972). The Squire shore is used as a temporary support for concrete forms in constructing concrete buildings…