Maurice A. Garbell, Inc. v. Consolidated Vultee Aircraft Corp.

The above-entitled cause, heretofore tried, argued and submitted, is now decided as follows:

Judgment will be for the plaintiff that the patent for “a fluid-foil lifting surface”, covered by Letters Patent 2,441,758, issued May 18, 1948, is valid, and that the defendants have infringed Claims 1, 2, 3, 5, 6 and 12.

Injunction will issue against further infringement by the defendants and those under their control.

An accounting for profits and damages is ordered, and the matter is referred to Leslie S. Bowden, Esq. as special master to take such accounting.

Findings and interlocutory decree to be prepared by counsel for the plaintiff under Local Rule 7.

Costs to the plaintiff. No attorney’s fees.

Comment

I. Patent Valid and Infringed

I am of the view that the patent for a “fluid-foil lifting surface”, covered by Letters Patent 2,441,758, issued May 18, 1948, is valid and that the claims in suit, — Claims 1, 2, 3, 5, 6, and 12, — are infringed by the defendants. I state the grounds briefly.

Whichever of these claims be taken as typical, it is quite evident that the invention it describes is not anticipated in the prior art, the literature in the field, or in the special…