Oakley B. Palmer, an Individual Doing Business as Palmco Engineering Company v. Orthokinetics, Incorporated, a Wisconsin Corporation

Plaintiff-appellee, Oakley B. Palmer, doing business as Palmeo Engineering Company (Palmer), brought this action under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 , 2202, seeking a determination that U.S. Patent 3,891,229 entitled “Travel Chair”, issued to defendant-appellant, Orthokinetics, Incorporated, is invalid and not infringed. Orthokinetics counterclaimed for infringement of the patent, seeking damages and attorney fees pursuant to 35 U.S.C. §§ 284 , 285. The district court held that all claims under the patent were invalid and dismissed the counterclaim. Orthokinetics has appealed from the judgment.

I. Background

In November, 1973, Orthokinetics introduced into the market a chair called a “Travel Chair”, designed to simplify the process of moving a wheel chair bound person by automobile. On March 14, 1974, Orthokinetics, as assignee of Edward J. Gaffney, the inventor, filed a patent application. The patent was issued on June 24, 1975.

Prior to the invention which resulted in this patent, a wheel chair bound person had to be manually lifted from the wheel chair to the automobile seat. The wheel chair was folded, carried in the automobile, and again taken out and…