Elrick Rim Co. v. Reading Tire Machinery Co.

Seeking to defend its method of applying liquid rubber cement on tires, Elrick Rim Company brought this action for a declaratory judgment. 1 The company sought a judicial declaration that a patent owned by Ralph R. Reading, covering a process for the application of liquid rubber cement, is invalid and not infringed by Elrick Rim Company. It also sought damages for unfair competition.

The defondants are Reading, to whom the patent (No. 2,721,148) was issued on October 18, 1955, and his exclusive licensee, Reading Tire Machinery Co., Inc. They denied the principal allegations of the complaint. They also counterclaimed for a judicial declaration that the patent is valid and infringed, and for treble damages for infringement. In addition defendants sought an award of reasonable attorney’s fees.

After a trial, a judgment favorable to defendants was entered. Plaintiff was denied all relief. The patent was declared to be valid and infringed by plaintiff. Defendants were awarded single damages in an amount to be ascertained by a master. They were also awarded attoney’s fees in the amount of $7,500.

Plaintiff appeals, 2 contending that numerous findings of fact are clearly erroneous and…