Hedgewick v. Akers

497 F.2d 905, 182 U.S.P.Q. 167 (1974)

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Hedgewick v. Akers

United States Court of Customs and Patent Appeals
497 F.2d 905, 182 U.S.P.Q. 167 (1974)

Facts

Peter Hedgewick (plaintiff) sought to create a safety package consisting of a container and a removable cap. Hedgewick hired Edward Akers (defendant) as a consultant for Reflex Corporation of Canada Ltd. (Reflex), a subsidiary of a company of which Hedgewick was president, to assist with production of the item. Akers was given access to the company’s files concerning the invention, including design sketches, and Reflex employees were told not to withhold any information from Akers. After his brief employment at Reflex, Akers conceived and reduced to practice a similar invention, but with some differences in form and design. Akers applied for a patent on March 4, 1968. Hedgewick filed a patent application for his safety cap later that month. An interference proceeding ensued. Hedgewick argued that the conception of his safety cap was communicated to Akers prior to Akers’s invention, making Akers’s patent application invalid on the ground of derivation. Akers stated that he did not remember being shown any design sketches at Reflex. The interference board concluded that Hedgewick failed to satisfy his burden. Hedgewick appealed to the United States Court of Customs and Patent Appeals.

Rule of Law

Issue

Holding and Reasoning (Miller, J.)

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