John W. Bentley v. Sunset House Distributing Corp., Etc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
DUNIWAY, Circuit Judge:
Bentley brought this action for unfair competition and for patent infringement under 35 U.S.C. § 281, asking treble damages, costs, and attorney’s fees. The jury returned a general verdict for Bentley, assessing his damages at $4,581.60. The court granted defendant Sunset House’s motion for judgment notwithstanding the verdict (Rule 50(e), F.R.Civ.P.), and also granted, conditionally, its motion for a hew trial. Bentley appeals.
A model of the patented device, a meatball mold, was first made some time in 1956. As finally refined, it is a scissor-like instrument whose two…
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