Convergence Corporation, a California Corporation v. Sony Corporation of America, a Delaware Corporation

Convergence Corporation (Convergence) appeals from the district court’s judgment holding Convergence’s patent for a variable-speed videotape editor invalid on several independently sufficient grounds, one of which was anticipation. The district court found that a videotape editor designed by Robert Breed contained each and every element of Claim 1 of the patent combined in exactly the same manner; functioned in exactly the same manner; and produced exactly the same result. Further, the court found that the Breed editor was reduced to practice before conception of the Convergence patent claim, and that the editor was neither abandoned, suppressed, nor concealed. These findings are not clearly erroneous. We therefore affirm the district court’s conclusion that the patent was invalid under 35 U.S.C. § 102 (g).

Sony has requested an award of double costs on this appeal. This court may award double costs when it determines that an appeal is frivolous. Fed.R.App.P. 38. “An appeal is considered frivolous in this circuit when the result is obvious, or the appellant’s arguments of error are wholly without merit.” McConnell v. Critchlow, 661 F.2d 116, 118 (9th Cir. 1981) (citations…