Universal Oil Products Co. v. Globe Oil & Refining Co.
Decision Date | 30 June 1943 |
Docket Number | No. 7912.,7912. |
Citation | 137 F.2d 3 |
Parties | UNIVERSAL OIL PRODUCTS CO. v. GLOBE OIL & REFINING CO. |
Court | U.S. Court of Appeals — Seventh Circuit |
A. F. Reichmann, of Chicago, Ill., Wm. F. Hall, of Washington, D. C., Walter J. Blenko, of Pittsburgh, Pa., and Chas. M. Thomas, of Washington, D. C., for appellant.
J. Bernhard Thiess, Thorly Von Holst, Sidney Neuman, and Robt. W. Poore, all of Chicago, Ill., for appellee.
Before EVANS and MAJOR, Circuit Judges, and LINDLEY, District Judge.
Plaintiff brought suit on two patents, one to Carbon P. Dubbs, No. 1,392,629, issued October 4, 1921, and the other, No. 1,537,593, issued to Gustav Egloff, May 12, 1925.
Defendant challenged the validity of both patents and denied infringement of either patent. It also vigorously contends that plaintiff's conduct necessitated a denial of all relief by a court of equity because of Dubbs' unethical conduct. It invokes the plaintiff's unclean hands as its third defense.
The court held the Dubbs patent to be valid, but not infringed, and declared the Egloff patent, invalid. As to the defense of unclean hands, the court reached the conclusion that "there was no conduct on the part of plaintiff proven in this case which should bar plaintiff from maintaining this action," etc.
While defendant insists that the Dubbs patent is invalid and that plaintiff was guilty of subornation of perjury in the interference suit which resulted in the allowance of the Dubbs patent, we will discuss only the question of infringement of the Dubbs patent. On this issue as to this patent we agree with the District Court. It is unnecessary therefore to decide the other two questions, so elaborately and ably argued by opposing counsel.
The District Court made careful and complete findings upon each issue and filed an excellent opinion on this vital question of noninfringement. We set forth in the margin extracts from this opinion.1
Counsel and the lower court both give more serious consideration to the Dubbs patent than to the Egloff patent. The latter might be described as an improvement over the former. The Dubbs patent is represented by nine process claims. Speaking from the application, it may be said:
Claim 7 is a typical one, and reads:
The so-called "cracking process" as applied to the gasoline production art was old when Dubbs entered the field. The chemists in the college laboratories had long previously made the discovery that heat applied to oil, crude and refined, resulted in the molecules' cracking. Out of this heating of the oils ultimately came gasoline. This fact information was old and well known in the trade engaged in gas production.
Likewise, and we here more nearly approach the art in which Dubbs worked, there had been variously devised apparatus to commercially practice that which had been taught in the chemist's laboratory. As in many instances there was a giant step from the teachings of the laboratory to the production of gasoline by cracking on a commercial basis. It was a step so necessary and yet hard to take, where theory was converted into the practical, where a scientific discovery became a usable commercial process.
The need for gasoline was great. Yet there was a maximum price beyond which the producer could hardly go. The production of more gas from the given amount of crude oil was desirable, but only if the price at which it was produced made its use possible. The task therefore was to devise a means whereby more gasoline could be produced by the cracking process and the cost thereof kept down through production on a large scale basis. Large were the inducements for success and numerous were the operators in the field. Many different kinds of apparatus were devised and many were in use. Success was a relative term. The fact significant to us is that the field was far from a virgin one when Dubbs entered. It was more completely occupied when Egloff approached it, viewed it, and then entered it.
The practice common to all was to use large retainers, apply heat as economically as possible and keep the oil continuously moving in pipes of sizes, shape, turns, etc., as the designer deemed wisest.
The District Court described the first commercially successful process devised by Dr. Burton in 1912 so well that we quote therefrom:
Determination of the issue of infringement in the District Court turned largely upon the meaning of the language of one step of the claim — "but substantial vaporization prevented." Appellant contends that the District Court erred because it failed to give...
To continue reading
Request your trial-
California Medical Products v. Tecnol Med. Prod., Civil A. No. 91-620-LON.
...used them differently.'" Envirotech Corp. v. Al George, Inc., 730 F.2d 753, 759 (Fed.Cir.1984) (quoting Universal Oil Prods. Co. v. Globe Oil & Refining Co., 137 F.2d 3, 6 (7th Cir.1943), aff'd 322 U.S. 471, 64 S.Ct. 1110, 88 L.Ed. 1399 (1944)). Tecnol claims that subparagraphs (a) and (b) ......
-
Autogiro Company of America v. United States
...Co., 132 F.2d 812 (7th Cir. 1943); Stuart Oxygen Co. Ltd. v. Josephian, 162 F.2d 857 (9th Cir. 1947); Universal Oil Products Co. v. Globe Oil & Refining Co., 137 F.2d 3 (7th Cir. 1943), aff'd 322 U.S. 471, 64 S.Ct. 1110, 88 L.Ed. 1399 Allowing the patentee verbal license only augments the d......
-
Texas Co. v. Globe Oil & Refining Co.
...dismissed the bill holding the Dubbs patent not infringed and the Egloff patent invalid for want of invention. Affirmed on appeal, 7 Cir., 137 F.2d 3 and 322 U.S. 471, 64 S.Ct. 1110, 88 L.Ed. 2 But not in those words; the phrase "clean circulation" is nowhere found in the Behimer patent. 3 ......
-
Plastic Container Corp. v. Continental Plastics
...38 CCPA 872, 88 USPQ 490 (1951); In re Storrs, 245 F.2d 474, 44 CCPA 981, 114 USPQ 293 (1957); Universal Oil Products Co. v. Globe Oil & Refining Co., 137 F.2d 3, 58 USPQ 504 (7th Cir. 1943). CONCLUSIONS AS TO EVIDENTIARY AND PROCEDURAL Findings of Fact made by a trial court and affirmed on......