Spray Refrigeration Co. v. Sea Spray Fishing, Inc.

Three patent infringement suits, consolidated for disposition in the district court and here, are before us on the appeals of plaintiff in each case, Spray Refrigeration Company, Inc. The defendants and appellees, one in each suit, are Sea Spray Fishing, Inc., Vagabond Fishing, Inc., and Courageous Fishing Corp., Inc. The patent which was assertedly infringed, owned by appellant, is United *35 States Letters Patent No. 2,909,040 entitled “Apparatus and Method for Freezing Fish,” issued to Malcolm L. Newell on October 20, 1959.

Injunctive and monetary relief for infringement was sought against each appellee. Each appellee denied infringement and challenged the validity of the patent. Prior to trial, however, all of the appellees advised the court that they would not contest the validity of the patent. 1 Accordingly, at the trial appellees presented no evidence and made no argument relative to that question. The trial court made no finding or conclusion on the question of validity but, as to each appellee, found and concluded that appellant had failed to sustain its burden of proving that the patent had been infringed. A judgment was therefore entered for each appellee.

Appellant…