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STEVENSON v. DIEBOLD, INCORPORATED

No. 23227.

422 F.2d 1228 (1970)

Clarence H. STEVENSON, III, an individual and F M C Corporation, a corporation, Plaintiffs-Appellees, v. DIEBOLD, INCORPORATED, a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 4, 1970.

Attorney(s) appearing for the Case

Carl Hoppe (argued), of Eckhoff & Hoppe, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., Theodore E. Simonton, Cazenovia, N. Y., for appellant.

Roland N. Smoot (argued), of Lyon & Lyon, Los Angeles, Cal., Flehr, Hohbrach, Test, Albritton & Herbert, San Francisco, Cal., for appellees.

Before DUNIWAY and CARTER, Circuit Judges, and CROCKER, District Judge.

DUNIWAY, Circuit Judge:

Diebold appeals from a judgment holding certain claims of appellees' patent valid and infringed1 and awarding damages of $404,470.50 plus interest for the infringement.2 The patent at issue is No. 2,815,846, owned by appellee Stevenson and exclusively licensed to appellee FMC. We reverse.

The invention covered by the Stevenson patent...

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