Pangborn Corp. v. American Foundry Equipment Co.

69 F. Supp. 429, 1944 U.S. Dist. LEXIS 1491
CourtDistrict Court, D. Delaware
DecidedNovember 17, 1944
DocketCivil Action No. 193
StatusPublished
Cited by1 cases

This text of 69 F. Supp. 429 (Pangborn Corp. v. American Foundry Equipment Co.) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pangborn Corp. v. American Foundry Equipment Co., 69 F. Supp. 429, 1944 U.S. Dist. LEXIS 1491 (D. Del. 1944).

Opinion

GOODRICH, Circuit Judge.

Findings of Fact.

1. On January 8, 1940, Pangborn Corporation, hereinafter referred to as “Pang-born,” filed its complaint in this Court against The American Foundry Equipment Company, hereinafter referred to as “American”.

2. In its complaint Pangborn alleged, inter alia, the ownership by it of Rosenberger and Keefer.' application for United States Letters Patent, Serial No. 726,188, [430]*430filed May 17, 1934, for a blasting machine; the ownership by American of application for patent of Louis D. Peik, Serial No. 685,025, filed August 14, 1933, for an invention for a centrifugal blasting machine; the institution on or about November 30, 1937, of Interference proceeding No. 74,841 involving the. aforesaid applications and an application of R. E. Peterson, Serial No. 59,455.

Pangborn charged that the Peik application had become abandoned and had been improperly revived. Pangborn likewise alleged that on or about October 24, 1931, one Hollingsworth filed an application, Serial No. 570,782 for a centrifugal blasting machine; that thereafter American filed or caused to be filed to said application, a supplemental amendment containing “new matter” and new claims which “corrupt” said application; and that a second Hollingsworth application was thereafter filed; that American caused an interference between said Hollingsworth application and a patent application filed by Karl Grocholl to be declared; that Grocholl was defeated in said interference ; and that patent 2,224,647 to Grocholl upon his application issued December 10, 1940.

3. In its complaint Pangborn prayed that American be enjoined from further prosecuting Interference No. 74,841 or any other interference in which Peik application Serial No. 685,025 is involved with the patent application owned by Pang-born; that American be required to cause Peik application Serial No. 685,025 to be restored to the status it occupied prior to its revival; and that American be es-topped from any action to obtain a patent on the Hollingsworth application with claims addressed to the subject matter interpolated therein by amendment, and from any action upon the later filed Hollingsworth application for such interpolated subject matter upon the representation that it was lawfully in the earlier application or lawfully established as the invention of Hollingsworth in the Hollingsworth v. Grocholl interference.

Pangborn likewise moved for a preliminary injunction.

4. American filed a motion for summary judgment and a motion to dismiss. By order of this Court filed June 2, 1943 the motion for summary judgment was overruled and the motion to dismiss the allegations of the complaint involving the Peik application was overruled. The motion to dismiss as to the Hollingsworth-Grocholl matters was granted. Pangborn’s motion for preliminary injunction was denied “without prejudice to plaintiff to renew the application upon a showing that such an injunction is necessary for the preservation of its rights pending the determination on the merits.”

5. On or about June 10, 1943, Pangborn filed its further motion for a preliminary injunction inhibiting defendant, its agents, attorneys and each of them — ■

“ * * * from the further prosecution of Interference 74,841, Peterson v. Rosenberger and Keefer v. Peik, or any other interference or interferences in which the Peik application serial number 685,025 is now or hereafter may be involved with an application for patent owned by the plaintiff.”

6. On or about July 27, 1943, defendant filed its answer and counterclaim. In conformity with the prayers of its counterclaim defendant, on or about July 27, 1943, filed its motion for a preliminary injunction against plaintiff, Pangborn Corporation, it's officers, agents, employees and attorneys, enjoining and restraining them and each of them—

“ * * * from further prosecution of Interferences Nos. 74,841 and 75,177 and each thereof, or from otherwise or elsewhere in any litigation or proceeding, ascertaining [sic] or contending that Pang-born, as assignee of Rosenberger and Keefer, or either of them is entitled to priority over Peik, assignor to The American Foundry Equipment Company, with respect to any matter disclosed, described or set forth in the specification or drawings of Peik Application Serial No. 685,025 or in the specification or drawings of Patent No. 2,212,451 to Peik, assignor to defendant herein.”

7. The aforesaid motions for preliminary injunctions filed on or about [431]*431June 10, 1943, and July 27, 1943, by plaintiff and defendant, respectively, came on for hearing on July 28, 1943.

8. On or about August 3, 1943, an injunctive order of this Court, upon the pending motions' for preliminary injunction was made, providing:

“(1) That each of the parties, its officers, agents, employees and attorneys, and each of them, pending the determination of this cause on the merits, or until the further order of this Court, be and each hereby is enjoined and restrained from the further prosecution of Interferences Nos. 74,841 and 75,177, now pending in the United States Patent Office, or from prosecuting any other interference or interferences in which the application for patent of Peik Serial No. 685,025 may hereafter be involved with an application for patent owned by the plaintiff; * *

Leave was granted to Pangborn to file an amended complaint.

9. It was the intent and purpose of said injunctive order to preserve the status quo of the interference proceedings and prevent any change therein until the further order of the Court, and thereby, prevent any change in the status with respect to the subject matter of Peik application 685,025 or Rosenberger and Keefer application 726,188, insofar as the patentability of any part thereof was contingent upon the outcome of the interference.

10. On June 27, 1944, United States Letters Patent No. 2,352,588 issued to Pangborn Corporation upon an application, Serial No. 382,256, filed by William A. Rosenberger and Walter L. Keefer, assignors to Pangborn Corporation, on March 7, 1941, within fourteen months after the filing of the original complaint in this action.

11. Said application Serial No. 382,256 was transmitted to the Patent Office by letter of March 7, 1941. That letter stated:

“We file herewith an application in the name of William A. Rosenberger and Walter L. Keefer for A Directional Control Centrifugal Blasting Machine. Certain claims of this application are now in an application Serial No. 726,188 of William A. Rosenberger and Walter L. Keefer, filed June 17, 1934.
“These transferred claims will be canceled from the latter application.”

12. At the argument aforesaid upon the motions of the respective parties for a preliminary injunction, plaintiff herein failed to disclose to this Court or to defendant the existence of its aforesaid new application Serial No. 382,256, and the transfer thereto of claims 7, 8 and 9 of the Rosenberger and Keefer application Serial No. 726,188.

13. Defendant herein was without knowledge of either the filing of said application serial No. 382,256, eventuating in patent 2,352,588, or the pendency thereof, and was without such knowledge until after said patent issued on June 27, 1944.

14. On August 21, 1944, American filed its petition that Pangborn, certain of its officers, and William F.

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Related

Pangborn Corp. v. American Foundry Equipment Co.
159 F.2d 88 (Third Circuit, 1946)

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Bluebook (online)
69 F. Supp. 429, 1944 U.S. Dist. LEXIS 1491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pangborn-corp-v-american-foundry-equipment-co-ded-1944.