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RADIATOR SPECIALTY COMPANY v. MICEK

No. 18130.

327 F.2d 554 (1964)

RADIATOR SPECIALTY COMPANY, a Corporation, Appellant, v. Richard MICEK, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 1, 1964.

Attorney(s) appearing for the Case

Miketta, Glenny & Poms, Los Angeles, Cal., and Channing L. Richards, Charlotte, N. C., for appellant.

Fulwider, Mattingly & Huntley, and Francis A. Utecht, Long Beach, Cal., and Horace B. Van Valkenburgh, Denver, Colo., for appellee.

Before CHAMBERS, STEPHENS and JERTBERG, Circuit Judges.

CHAMBERS, Circuit Judge.

This is a patent and misuse of confidential information contest between the owners of two flushing devices in toilet tanks. Micek, plaintiff-appellee, owns POSITIVE FLUSH CONTROL. Radiator Specialty, defendant-appellant, owns SEAL-O-MATIC. Each is patented, Micek filing first. The claims of each patent are set out in the appendix hereafter.

The district court has held claims 1 to 7 of the POSITIVE FLUSH CONTROL infringed by SEAL-O...

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