Moist Cold Refrigerator Co. v. Lou Johnson Co.
Opinion
Lead Opinion
Barnes, J.
This is an action for damages for patent infringement of Reissue Patent No. 23,05s. 1 *It was tried in the District Court with a jury. Prior to the trial, Lou Johnson Co. and Meier & Frank Co., both corporations, were eliminated as defendants.
The remaining defendants moved for a directed verdict at the conclusion of the plaintiff’s case 2 upon the grounds of (1) the invalidity of the patent because of (a) anticipation by the Anderson patent, (b) anticipation by the Anderson patent plus the Larkin patent, (c) aggregation without new results, (d) invalid specifications, (e) indistinct claims, (f) prior use; and (2) a lack of infringement, citing six alleged distinctions. Defendants’ motion was denied because the court assumed “that a similar motion will he made at the conclusion of all testimony.” This same motion was renewed at the conclusion of testimony, with an additional ground of vagueness and indefiniteness. This motion was taken under advisement.
The jury returned a verdict against the defendant Admiral Corporation in the sum of $2,093,180.00, and against the defendant Amana Refrigeration, Inc., in the sum of $45,575.00. The jury also answered special interrogatories…