Automation Electronics Corporation v. Sanders Instruments, Inc.

This is an appeal from a general jury verdict finding that a telephone answering and sequencing device made by appellant Sanders Instruments, Inc., infringed a patent (the Giordano patent) held by appellee Automation Electronics Corp. The devices under consideration are small converters which can be connected to standard multiple line telephones by means of a plug and jack. Automation Electronics’ device was initially hardwired while appellant’s device uses a microprocessor. Each instrument performs two functions: (1) it answers the incoming call, plays a recording that informs the caller that his call will be handled in the order received, and plays background music; (2) it indicates with a flashing light the longest unanswered call.

At trial, testimony indicated that the Automation device could be built with a microprocessor, and in fact Automation Electronics is now selling a microprocessor version of the patent. The Detailed Description of a Preferred Embodiment for the Giordano patent states that the system “could also be implemented, presently at greater expense and with less convenience, with microprocessor technology....” Evidence was also offered in the form of expert…