Thys v. Rivard

This is the second appeal by plaintiffs in this action. Upon the first appeal, Thys v. Rivard, 25 Wn. (2d) 345, 171 P. (2d) 255, this court reversed a judgment entered by the trial court and remanded the case for further proceedings in the superior court, and in so doing, used the following expression:

“We hold that the matter of respondent’s liability to appellants depends upon whether or not respondent constructed and used a machine or appliance which is covered by appellants’ patents. If respondent did this, while he is not responsible as for infringement of patent, he is liable to…