On the other hand, the favorable articles and publications concerning the success of the Hunt hull, which were introduced in evidence on behalf of plaintiff, buttress plaintiff's claim of non-obviousness. Indeed, defendant's expert, James Wynne, was most enthusiastic in his praise of the hull, as shown by his trial testimony as well as quotations earlier appearing in several publications, including Popular Boating (Plaintiff's Exhibit 18), where he was quoted as saying, ‘Fantastic is a much overworked word, yet it is the only one which I think describes the performance of the Hunter.’
See Council of America, Inc. v. Ceramic Tilers Supply, Inc., D.C.C.D.Calif.1968, 159 U.S.P.Q. 204, where it is said, ‘Favorable mention of developments of patents in suit in trade publications and by competitors is indicative of non-obviousness.’
A secondary consideration on the issue of obviousness is the commercial success attributive to the patent. Graham v. John Deere Co., supra; National Filters, Inc. v. Research Products Corp., 5 Cir. 1967, 384 F.2d 516. The Hunt deep vee hull is shown to have been widely copied throughout the world and has enjoyed substantial commercial success, in excess of $175,000.00 in royalties having been collected on the patent. One noteworthy and highly publicized indication of its success is that a boat of the deep vee design has been the winner of every Miami to Nassau Ocean Race since 1960, and for the first five years thereafter the Hunt licensee, Bertram, took first place. (Defendant's Exhibit 18, Answer to Interrogatory No. 30).
The Hunt hull as described in Claim 4 of the patent was not anticipated by any of the prior art patents or publications received in evidence. It was not obvious to those skilled in the art at the time of the invention. On the contrary, his invention represented an important and patentable contribution to the boat building art.
The Hunt hull was new and novel in form and produced new and useful results by superior performance as heretofore described.
Adobe On the other hand, the favorable articles and publications concerning the success of the Hunt hull, which were introduced in evidence on behalf of plaintiff, buttress plaintiff's claim of non-obviousness. Indeed, defendant's expert, James Wynne, was most enthusiastic in his praise of the hull, as shown by his trial testimony as well as quotations earlier appearing in several publications, including Popular Boating (Plaintiff's Exhibit 18), where he was quoted as saying, ‘Fantastic is a much overworked word, yet it is the only one which I think describes the performance of the Hunter.’
See Council of America, Inc. v. Ceramic Tilers Supply, Inc., D.C.C.D.Calif.1968, 159 U.S.P.Q. 204, where it is said, ‘Favorable mention of developments of patents in suit in trade publications and by competitors is indicative of non-obviousness.’
A secondary consideration on the issue of obviousness is the commercial success attributive to the patent. Graham v. John Deere Co., supra; National Filters, Inc. v. Research Products Corp., 5 Cir. 1967, 384 F.2d 516. The Hunt deep vee hull is shown to have been widely copied throughout the world and has enjoyed substantial commercial success, in excess of $175,000.00 in royalties having been collected on the patent. One noteworthy and highly publicized indication of its success is that a boat of the deep vee design has been the winner of every Miami to Nassau Ocean Race since 1960, and for the first five years thereafter the Hunt licensee, Bertram, took first place. (Defendant's Exhibit 18, Answer to Interrogatory No. 30).
The Hunt hull as described in Claim 4 of the patent was not anticipated by any of the prior art patents or publications received in evidence. It was not obvious to those skilled in the art at the time of the invention. On the contrary, his invention represented an important and patentable contribution to the boat building art.
The Hunt hull was new and novel in form and produced new and useful results by superior performance as heretofore described.
On the other hand, the favorable articles and publications concerning the success of the Hunt hull, which were introduced in evidence on behalf of plaintiff, buttress plaintiff's claim of non-obviousness. Indeed, defendant's expert, James Wynne, was most enthusiastic in his praise of the hull, as shown by his trial testimony as well as quotations earlier appearing in several publications, including Popular Boating (Plaintiff's Exhibit 18), where he was quoted as saying, ‘Fantastic is a much overworked word, yet it is the only one which I think describes the performance of the Hunter.’
See Council of America, Inc. v. Ceramic Tilers Supply, Inc., D.C.C.D.Calif.1968, 159 U.S.P.Q. 204, where it is said, ‘Favorable mention of developments of patents in suit in trade publications and by competitors is indicative of non-obviousness.’
A secondary consideration on the issue of obviousness is the commercial success attributive to the patent. Graham v. John Deere Co., supra; National Filters, Inc. v. Research Products Corp., 5 Cir. 1967, 384 F.2d 516. The Hunt deep vee hull is shown to have been widely copied throughout the world and has enjoyed substantial commercial success, in excess of $175,000.00 in royalties having been collected on the patent. One noteworthy and highly publicized indication of its success is that a boat of the deep vee design has been the winner of every Miami to Nassau Ocean Race since 1960, and for the first five years thereafter the Hunt licensee, Bertram, took first place. (Defendant's Exhibit 18, Answer to Interrogatory No. 30).
The Hunt hull as described in Claim 4 of the patent was not anticipated by any of the prior art patents or publications received in evidence. It was not obvious to those skilled in the art at the time of the invention. On the contrary, his invention represented an important and patentable contribution to the boat building art.
The Hunt hull was new and novel in form and produced new and useful results by superior performance as heretofore described.
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