Patent Scaffolding Co. v. Upright

The appellees brought an action against the appellant to recover damages for an alleged patent infringement. Issues as to infringement and validity were raised by the pleadings. The case was tried to a jury which returned a verdict in favor of appellees holding that the patent in question was valid and infringed. Judgment was entered on the verdict, but subsequently appellant moved for judgment notwithstanding the verdict, stating as grounds therefor both that the evidence required a finding that the patent was invalid and that no infringement had been disclosed.The court sustained the motion upon the letter ground, vacated the verdict, and ordered judgment entered for appellant upon findings of non-infringement. From the judgment so entered for the appellant it has appealed, stating in its notice of appeal that it does so because the judgment "(1) fails to adjudicate and determine the issue as to validity of the alleged patent in suit, and (2) fails to adjudicate and determine the issues presented by defendants counterclaim and grant defendant the relief therein prayed."