193 Ct. Cl. 1088 | Ct. Cl. | 1970
Patents; infringement. — Plaintiff seeks to recover reasonable and entire compensation for alleged infringement by defendant of its United States patent No. 3,236,018 relating to a panel which can be combined with similar panels to form a load-supporting elevated floor. The United States and Severn Products Inc., which was joined as third-party defendant, moved for summary judgment asserting that the floor panels made by Severn for defendant do not infringe the claims of the patent. Plaintiff has conceded that at most only claims 5 and 6 of its patent are infringed. On July 6, 1970, Trial Commissioner Joseph Y. Colaianni filed a report, and after discussing the patented device as well as the panel built by Severn, 'concluded that the issues are inappropriate for decision on summary judgment; that the question of infringement or non-infringement should be decided only after a full factual establishment of equivalents and claim scope; that it is unwise to consider the question of non-