Superior Testers, Inc. v. Damco Testers, Inc.

RUBIN, District Judge:

“An injured friend is the bitterest of foes.” 1 The bitter foes in this patent infringement action, Lee Matherne and Darwin A. Miller, were two of the three original directors of Superior Testers, Inc. Superior’s third director was Matherne’s wife. Superior had obtained an exclusive license to use certain pipe-testing equipment from Brown Oil Tools, Inc., which held patents on the equipment. After a disagreement between Matherne and Miller over Miller’s management of Superior, Matherne took over active management of Superior and Miller organized a new competing business,…