Omark Industries, Inc. v. Textron, Inc.

Omark, as assignee of the Graversen patent ( U.S. Patent No. 3,929,049 ), initiated this action against Textron alleging infringement of the assigned patent. Tex-tron answered by denying infringement and counterclaimed alleging the invalidity of the patent. The parties stipulated to have the case tried before United States Magistrate George E. Juba. In a written opinion, which constituted the findings of fact and conclusions of law as required by Fed. R. Civ. P. 52(a), Magistrate Juba determined that claims 2 through 4 of the patent were valid and infringed. Thereupon, the district court, Judge Otto R. Skopil presiding, entered judgment enjoining Textron’s infringement and finding that Omark was entitled to an accounting to determine its damages and its right to attorneys’ fees and interest. Textron’s counterclaim was dismissed. The injunction and accounting were stayed pending the outcome of this appeal. The district court had jurisdiction pursuant to 35 U.S.C. § 281 and 28 U.S.C. § 1338 (a). The primary issues raised by Textron on appeal are whether the district court properly found the patent infringed and whether the district court erred in failing to find the patent invalid…