Willamette-Hyster Co. v. Pacific Car & Foundry Co.

The five patents involved in this litigation all relate to a device which the appellant characterizes as a “tractor-and-fair-lead-trailer equipment”, which may be more properly characterized as a portable jib crane.

The plaintiff, Willamette-Hyster Company, appellant, and the defendant, Pacific Car and Foundry Company, appellee, are both manufacturers of such cranes for use in the logging industry. The cranes now manufactured by each company are substantially identical. Each claims that the crane of the other infringes its patents in suit. While the alleged infringing devices are manufactured for and used in logging operations, the claims of the patents in suit are not confined to that industry or purpose.

The special master appointed by the trial court found all the patents involved to be valid and non-infringed. Exceptions were taken by the appellees to the special master’s findings as to the validity of the plaintiff’s patents except as to Wickes and Neils No. 1,797,064, and Walker, No. 1,920,613 and also to the findings of non-infringement of defendant’s patent No. 1,918,409 issued to it as assignee of R. S. Langdon. The plaintiff excepted to the finding of…