New England Braiding Co. v. AW Chesterton Co., Civ. A. No. 90-11145-S.
| Decision Date | 18 October 1990 |
| Docket Number | Civ. A. No. 90-11145-S. |
| Parties | NEW ENGLAND BRAIDING COMPANY, INC., et al., Plaintiffs, v. A.W. CHESTERTON COMPANY, Defendant. |
| Court | U.S. District Court — District of Massachusetts |
Lee Carl Bromberg and Robert K. Tendler, Bromberg & Sunstein, Boston, Mass., for New England Braiding Co., Inc.
Charles C. Winchester, Fish & Richardson; and Barbara L. Moore, Cooley, Manion, Moore & Jones, Boston, Mass., for A.W. Chesterton Co.
MEMORANDUM AND ORDERS ON PLAINTIFFS' MOTION AND DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
In this action the plaintiffs seek an injunction against the defendant's manufacture and sale of packing braid made with more warp fibers on the outside than on the inside, which plaintiffs claim infringe a patent issued to George Champlin, assigned to the plaintiff Seal Company of New England and of which the plaintiff New England Braiding Company is the licensee. The defendant has counterclaimed and brought a third party claim against Champlin, asserting in substance that Champlin stole the asserted invention from the defendant when he was employed by the defendant and seeking injunctive relief and damages.
The packing braid involved in this case is used in large industrial equipment to control leakage around valve stems or the stuffing boxes of rotating shafts which operate partially in a liquid, e.g., on a rotary pump. The defendant has been in the business of making packing braid and other industrial sealing devices for many years. The plaintiff corporations were organized in 1979 specifically to manufacture packing braid. The alleged invention is intended to correct the tendency of conventional braid to become distorted when wrapped around a shaft, a phenomenon known as "keystoning." The inner surface of the braid bunches in a manner which permits some leakage and increases the wear on the surface of the braid. The purported invention adds additional longitudinal fibers to the outside of the braid, which counteracts the braid's tendency to distort when bent and allows the inner surface of the braid to make relatively smooth and continuous contact with the shaft. Typically, but not necessarily, these extra fibers cause the braid to have a trapezoidal cross-section.
Champlin was employed by the defendant as an engineer from early in 1968 until October, 1975. He worked in the Research and Development Division until January, 1974, when he became manager of the Vanway Department, which made "O" rings. According to the defendant's witnesses Bernier and Graham, Champlin was also an expert on packing braid, and participated in the experimental development of the defendant's "Style 1" braid which also eventually incorporated the additional longitudinal yarns which characterize the plaintiff's asserted invention. Mr. Bernier testified that the defendant's chief engineer, Frank van Vleet, invented the anti-keystone configuration of the braid, as did Mr. van Vleet himself. Mr. Bernier further testified that Champlin's primary interest was packing braid, and when he was discharged he said that he...
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New England Braiding Co., Inc. v. A.W. Chesterton Co.
...preliminarily enjoin A.W. Chesterton Co. from infringing U.S. Patent Nos. 4,550,639 (the '639 patent) and 4,729,227 (the '227 patent), 746 F.Supp. 1200. The district court found that NEBCO was not likely to succeed on the merits of its suit because the evidence of record indicated that Geor......