NU-MATIC NAILER INTERNATIONAL CORP. v. WEEMS

No. 18687.

334 F.2d 761 (1964)

NU-MATIC NAILER INTERNATIONAL CORP., Appellant, v. Clyde WEEMS, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 3, 1964.


Attorney(s) appearing for the Case

Noel G. Conway, Santa Ana, Cal., for appellant.

William J. Elliott, Elliott & Pastoriza, Santa Monica, Cal., for appellee.

Before CHAMBERS and KOELSCH, Circuit Judges, and JAMESON, District Judge.


CHAMBERS, Circuit Judge.

This patent case involves three somewhat similar nailing machines. They are devices for rapidly driving nails. With them, a species of automation comes to the carpenter, particularly one who is laying wooden sub-floor.

Nu-Matic has a patented device. Weems developed a competing unpatented device. Nu-Matic sued Weems for patent infringement. The district court found the accused device did infringe the patent and judgment was entered...

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