Gerner v. Moog Industries, Inc.

254 F. Supp. 969, 149 U.S.P.Q. (BNA) 891, 1966 U.S. Dist. LEXIS 10535
District Court, E.D. Missouri·Decided June 8, 1966·No. No. 64 C 432(2)·Published·Cited by 1 cases

Opinion

MEREDITH, District Judge.

This matter was tried to the Court without a jury and the Court has been duly advised by testimony, documentary evidence and briefs of all the parties and makes the following findings of fact and conclusions of law:

Plaintiff, Theodore C. Gemer, is a citizen of The United States and a resident of the State of Oklahoma and defendant, Moog Industries, Inc., is a Missouri corporation having its principal place of business at St. Louis, Missouri. Plaintiff Theodore C. Gerner is the owner of United States Patent 3,044,798, granted July 17, 1962, the patent involved in this suit. This is an action for infringement of the Gerner patent, particularly claims 1, 4 and 5. The Court has jurisdiction over the parties and of this cause of action, under 28 U.S.C. § 1338(a) and § 1400(b). The plaintiff relies on claim 1 as being exemplary of the infringement issue. The plaintiff through his company, National Machine Works, Inc., began selling idler arms manufactured in accordance with his patented invention during the year 1960.

Claim 1 of the Gemer patent is stated as follows:

“A replacement assembly for idler arms of an automobile steering linkage comprising an idler arm having a pivotal connection at one end for journaling the same upon the chassis of an automobile and having a pivotal connection at its other end for engagement with a portion of a steering link[970] age, at least one of said pivotal connections including a female member having a bore therein and a male member received therein, said male member including diametrically enlarged reversely varying surfaces, upper and lower wedge means each slidably received in and engaging the wall of the [971] bore in said female member and having wedging surfaces complementary to and engaging those of the male member, resilient means yieldingly and continuously urging said wedge means into wedging contact with said male member and the female member whereby to automatically take up wear there-between, said diametrically enlarged reversely varying surfaces being conical.”

[970]

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Gerner v. Moog Industries, Inc., 254 F. Supp. 969, 149 U.S.P.Q. (BNA) 891, 1966 U.S. Dist. LEXIS 10535 (E.D. Mo. 1966).

254 F. Supp. 969 (Gerner v. Moog Industries, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Theodore C. Gerner v. Moog Industries, Inc.
383 F.2d 56 (Eighth Circuit, 1967)