National Welding Equipment Co. v. Hammon Precision Equipment Co. (165 F. Supp. 788, 1958)

ROCHE, District Judge.

This suit is based on two causes of action: (1) patent infringement and (2) unfair competition. The subject matter of this suit is gas pressure regulators, which are devices for reducing the-pressure of compressed gas in cylinders - to' -operating .levels suitable for- such i activities as oxy-acetylene welding, the administering of anesthetics, and oxygen therapy.

Defendant George L. Hammon invented the three mechanical structures and the two designs which are the basis of the five patents in suit. He assigned the inventions and the respective patent applications to his employer, National Welding Equipment Co. (hereafter called National). On February 12, 1955, due to a change in National’s management, Hammon was dismissed from his position as vice president and general manager of National, although he continued as a director. Three and one-half months later, on June 1, 1955, Hammon organized his own company, Hammon Precision Equipment Company (hereafter called Hammon Precision), to manufacture and sell gas pressure regulators and other apparatus. At about this time, defendant Clifford P. 'Stuebgen, a close friend of Hammon who was superintendent and treasurer