Sam Houston, an Individual, Dba Modern Transportation Supplies v. The Polymer Corporation, a Pennsylvania Corporation

Houston challenged Polymer’s patent on nylon pedestal liners for railroad trucks as invalid for “obviousness.” The district court agreed and granted summary judgment for Houston. We reverse and remand for trial.

The disputed patent relates to the replacement of hardened alloy steels with nylon in making wear plates for railroad trucks of a type typically used in diesel locomotives. As the surfaces are “slidably engaged to enable the wheels and the body of the locomotive to move relative to each other in a generally vertical direction,” considerable wear occurs and the plates, or pedestal liners, require replacement.

As early as 1961, both Polymer and Houston’s predecessor manufactured nylon center bedplate liners, designed to absorb impact and friction in a different location on the truck. In 1966, Polymer first applied for a patent for nylon pedestal liners. After two unsuccessful applications, Polymer was granted the patent at issue in 1971. Thereafter, Houston began to manufacture nylon pedestal liners. When Polymer demanded that it cease, Houston brought this action seeking a declaration of patent invalidity. Polymer counterclaimed for damages caused by the alleged…