The current findings of the District Court and the Court of
Appeals, that respondent's Patent No. 1,906,260 was valid and
infringed by petitioner, are not shown to be clearly erroneous, and
the judgment below is affirmed.
Halliburton Oil Well Cementing
Co. v. Walker, 329 U. S. 1,
distinguished. Pp.
338 U. S.
267-268.
In a suit brought by respondent against petitioner for
infringement of a patent, the District Court held the patent valid
and infringed. The Court of Appeals affirmed. 170 F.2d 34. This
Court granted certiorari. 336 U.S. 935.
Affirmed, p.
338 U. S.
268.
PER CURIAM.
The controversy here concerned the validity of Patent No.
1,906,260, issued to respondent, May 2, 1933, and its alleged
infringement by petitioner. The District Court found the patent to
be valid and infringed. The Court of Appeals for the Ninth Circuit
affirmed, 1948, 170 F.2d 34. Being moved by the petition for
certiorari that there was a conflict with
Halliburton Oil Well
Cementing Co. v. Walker, 329 U. S. 1, we
granted certiorari. 336 U.S. 935.
The record, briefs and arguments of counsel lead us to the view
that
Halliburton, supra, is inapposite. We there
Page 338 U. S. 268
held the patent invalid because its language was too broad at
the precise point of novelty. In the instant case, the patent has
been sustained because of the fact of combination, rather than the
novelty of any particular element.
After the suit in this cause was initiated in the District
Court, petitioner modified his device. The courts below held that
this modification was insubstantial, and did not place petitioner
outside the scope of respondent's patent.
We will not disturb the concurrent findings upon the issues
presented to us in the petition for certiorari. We are not
persuaded that the findings are shown to be clearly erroneous. The
judgment is
Affirmed.
Mr. Justice BLACK is of the opinion that the language of the
claims was too broad at the precise point where there was novelty,
if there was novelty anywhere.
Mr. Justice DOUGLAS took no part in the consideration or
decision of this case.