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Carl Schenk, A. G. v. Nortron Corp.

713 F.2d 782, 218 U.S.P.Q. 698 (1983)

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Carl Schenk, A. G. v. Nortron Corp.

United States Court of Appeals for the Federal Circuit
713 F.2d 782, 218 U.S.P.Q. 698 (1983)

Facts

The company Carl Schenk, A. G. (Schenk) (plaintiff) held a patent (the ‘511 patent) on a wheel balancer: a machine that sensed vibrations caused by imbalances in wheels or other rotating elements. The invention sought to address the need for damping, which was a commonly used means of suppressing resonance. Nortron Corporation (defendant) sold a competing product. Schenk brought an infringement action in federal district court. Nortron argued that the invention claimed in the ‘511 patent merely modified an existing structure by making it one piece instead of several pieces bolted together. However, testimony established that, prior to the invention, damping was considered necessary by those skilled in the art. The court held that the ‘511 patent was valid and infringed. Nortron appealed to the United States Court of Appeals for the Federal Circuit.

Rule of Law

Issue

Holding and Reasoning (Markey, C.J.)

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