Fish
Fish v. Air-O-Fan Products Corp.
Opinion
Lead Opinion
Barnes, J.
Richard H. Fish and Evalyn Preston brought suit in the district court for infringement of a patent issued to Fish on 'September 4, 1956, No. 2,761,731, covering an agricultural spraying machine. Evalyn Preston is the assignee of a one-half interest in and to the invention and patent. Jurisdiction below rested on 35 U.S.C. § 281 and 28 U.S.C. § 1338 . This court has jurisdiction of the appeal. 28 US.C. § 1291.
On October 1, 1958, Richard H. Fish was hired as a worker by Air-O-Fan (originally known as Robinson Fan Co.), a corporation manufacturing machinery, located in Gilroy, California. After a few days he was made shop foreman and later he became shop superintendent. Ultimately, he was made vice president in charge of operations.
The firm, which produced industrial fans and agricultural sprayers, was originally small and in serious financial difficulties. Fish, whose salary was $350 per month, worked diligently in aid of the firm’s fortunes. At one time he was instrumental in getting a local concern to buy $15,000 worth of machinery. For such special efforts, he received bonuses and commissions. Fish also worked on the design and improvement of several machines. In several…