Norman Products Co. v. Sequoia Mfg. Co.

Caution
107 F. Supp. 928·95 U.S.P.Q. (BNA) 352·1952 U.S. Dist. LEXIS 3914
United States District Court, Northern District of CaliforniaOctober 23, 1952No. 30685California621 words

Opinion

lead Opinion

Harris, J.

Plaintiff, a manufacturer of heating equipment and assignee of- a patent assigned by Edward A. Norman¡ Jr., brings this action against defendant also a manufacturer of heating equipment, for alleged infringement of plaintiff’s, letters patent No. 2,540,280 and unfair competition.

Plaintiff’s assignor developed the Norman furnace in 1947 after analyzing various types of forced air heaters then in use in housing developments. He embodied certain features and developed a furnace of such dimensions that it could be utilized in houses without basements and without attics, at the same time assuring efficient central heating.

In the several years following the manufacture and sale of plaintiff’s heater, which was brought out in 1948, plaintiff developed national distribution and sold an impressive number of heaters.

Since 1950, defendant has marketed a furnace which is competitive with plaintiff’s and allegedly “slavishly copies” it.

Plaintiff asks this Court for an injunction, a finding as to infringement, an accounting, damages, costs and other relief.

Defendant has denied the validity of plaintiff’s patent. It contends that the Norman furnace has been preceded by other furnaces…

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