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REGIMBAL v. SCYMANSKY

Nos. 23947, 23975 and 23976.

444 F.2d 333 (1971)

Laurent REGIMBAL et al., Plaintiffs-Appellants, v. Peter SCYMANSKY et al., Defendants-Appellees. Laurent REGIMBAL et al., Plaintiffs-Appellees, v. Lloyd BRULOTTE et al., Defendants-Appellants. Laurent REGIMBAL et al., Plaintiffs-Appellees, v. Melvin J. NEWHOUSE et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing July 20, 1971.

Attorney(s) appearing for the Case

Richard W. Seed (argued), Carl G. Dowrey, of Seed, Berry & Dowrey, Seattle, Wash., John Gavin, of Gavin, Robinson, Kendrick, Redman & Mays, Yakima, Wash., Joseph C. Murphy, Toppenish, Wash., for appellant Laurent Regimbal.

Margaret E. White (argued for Newhouse), Arlington C. White (argued for Brulotte), of White & White, San Francisco, Cal., C. W. Halverson, of Halverson, Applegate & McDonald, Yakima, Wash., for appellees.

Before CARTER, KILKENNY and TRASK, Circuit Judges.

JAMES M. CARTER, Circuit Judge.

Appellants in case #23947 filed this action against appellees for infringement, contributory infringement, and inducing infringement of appellants' Regimbal Patent #2,699,172. The district court held that the Regimbal patent was invalid for obviousness under 35 U. S.C. § 103. The court's findings indicate, in the alternative, that if the patent were valid, then appellees' actions constituted infringement. No reference to these...

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