Kenneth W. Hunter, D/B/A Hunter's Calculators v. Fisons Corporation

OPINION

Appellant Hunter complains that a dosage calculator for a pharmaceutical drug, confected by him and submitted to the appellee for possible use, was appropriated by it without compensation to or permission from him. The trial court found as a fact,however, that the calculator produced by appellee was confected by a Dr. Wyatt, who did not “know of or use anything from the plaintiffs prototype calculators when he devised his calculator that the defendant adopted.”

This holding is amply supported by record evidence, including the direct testimony of Wyatt, and is fatal to Hunter’s appeal.…