Rohr Aircraft Corp. v. Rubber Teck, Inc.

Rohr Aircraft Corporation and The Franklin C. Wolfe Company, Inc., filed an action in the District Court of the United States for the Southern District of California for a patent infringement and unfair competition against Rubber Teck, Inc., and others. All of the defendants denied the charges, and certain of the defendants, to-wit, Paul A. Karres, Otto R. Grass, and Joe P. Kerley, filed a counterclaim against the plaintiffs for false marking.

The District Court entered judgment dismissing plaintiffs’ complaint and defendants’ counterclaim, holding that the patent in suit was invalid for lack of invention, that there was no unfair competition, and held also that the counterclaim of defendants was without merit. Both plaintiffs and defendants below filed proper notices of appeal from the dismissals of the complaint and counterclaim, respectively. Jurisdiction of the District Court was based on 28 U.S.C. § 1338 (a) and (b) 1 and on 15 U.S.C.A. *615 § 1121 , 2 § 1126(h) and (i). 3 The judgment being final, this court has jurisdiction under 28 U.S.C. § 1291 . Rohr and Wolfe will be referred to herein by name or as plaintiffs, and defendants will be referred to herein by name or as…