V.T.A. Inc. v. Airco Inc‪.‬

This is a consolidated appeal. Airco, Inc. (Airco) appeals from the denial of a motion for civil contempt for a claimed violation by Ted Van Vorous and Vac-Tec Systems, Inc. (Vac-Tec) of the terms of an injunction. Van Vorous and Vac-Tec appeal from the denial of a Rule 60(b) motion seeking relief from the court order issuing the injunction. The genesis of the dispute concerns a 1972 contract between Airco and Vacuum Technology Associates, Inc. (VTA). VTA agreed to develop a high speed sputtering system for use in industrial coating.1 VTA further guaranteed to Airco all rights to the device. At the time of the agreement Van Vorous was the sole stockholder and operating officer of VTA. John S. Chapin was a VTA employee who, in the course of his employment, developed the contemplated device. Following development of the device, Airco unilaterally filed a patent application in Chapin's name. VTA sued to adjudicate ownership of the invention. Airco counterclaimed against VTA, asserting its contract rights under the terms of the 1972 agreement. The dispute was settled prior to trial, and a consent decree was entered. Under the terms of the consent decree, Airco obtained exclusive rights to the Chapin invention. The order of the court enjoined Van Vorous, Chapin, and Donnelly Mirrors, Inc. (which had become an 80% Stockholder in VTA), from ""using, offering for sale and manufacturing"" the device.2