Super Mold Corp. v. American Tire Machinery Co.

This was an action by appellant, Super Mold Corporation of California, against appellee, American Tire Machinery Company, for contributory infringement of two patents, Nos. 1,907,026 and 1,928,404, owned by appellant. Defenses were (1) that the patents were invalid and (2) that, if they were valid, appellee had not infringed them or contributed to their infringement. Trial was by the court sitting without a jury. Evidence was heard, findings of fact and conclusions of law were made and filed and, thereupon, judgment was entered dismissing the action. From that judgment this appeal is prosecuted.

The trial court found that appellee had not infringed or contributed to the infringement of patent No. 1,907,026. That finding is not challenged.

Patent No. 1,928,404 was applied for by Herbert J. Woock, Charles J. Peterson and Jacob S. Caufield on August 20, 1928, and was issued to their assignee (appellant’s assignor) on September 26, 1933. It is for a method and apparatus for retreading tires. The complaint does not state which of the ten claims of the patent were infringed, but the case was tried *760 below and argued here upon the theory that claims 8 and 9 were the only claims…