Santa Fe-Pomeroy, Inc. v. P & Z Company, Inc.

569 F.2d 1084 197 U.S.P.Q. 449 , 1978-1 Trade Cases 61,918 SANTA FE-POMEROY, INC., Plaintiff-Appellant and Cross-Appellee, v. P & Z COMPANY, INC., Dinwiddie Construction Company and Henry J. Degenkolb & Associates, Defendants-Appellees and Cross-Appellants. Nos. 75-2647, 75-2741. United States Court of Appeals, Ninth Circuit. Feb. 21, 1978. Rehearing Denied May 25, 1978. 1 John Thomas McCarthy (argued), William Michael Hynes (argued), of Townsend & Townsend, San Francisco, Cal., for defendants-appellees and cross-appellants. 2 Appeal from the United States District Court for the Northern District of California. 3 Before HUFSTEDLER and KENNEDY, Circuit Judges, and JAMESON, * District Judge. JAMESON, District Judge: 4 Santa Fe-Pomeroy, Inc., assignee and owner of United States Patent No. 3,412,562, the Doughty Patent, instituted this action against the defendants for patent infringement. The defendants counterclaimed, alleging invalidity of the patent, patent misuse, and violation of the antitrust laws in the licensing of the patent. The district court held that the patent was invalid for obviousness under 35 U.S.C. § 103 , 1 but that there was no patent misuse or…