Pacific Marine Supply Co. v. A. S. Boyle Co.

Appellee, the A. S. Boyle Company, an Ohio corporation, is the cvyner of patent No. 1,838,618 (hereafter called the Griffiths patent) and is engaged in the business of manufacturing and selling “plastic wood.” Appellant Webb Products Company, Incorporated, a California corporation is engaged in the business of manufacturing and selling “duratite wood dough.” Appellant Pacific Marine Supply Company, a Washington corporation, has a regular and established place of business in the Western District of Washington, where, among other things, it sells “duratite wood dough.”

Alleging that such sales constitute an infringement of claims 5, 6, 8, 11, 13, 15, 16, 17 and 18 of the Griffiths patent, appellee brought suit against appellant Pacific Marine Supply Company in the District Court of the United States for the Western District of Washington. Appellant Webb Products Company, Incorporated, intervened and was, by order of the court, made a party defendant. Appellants defended on the grounds (1) that all the claims mentioned were invalid for lack of novelty, for lack of invention and for failure to particularly point out and distinctly claim the part, improvement or combination which…