The '462 Patent issued with Claims 1 5.Ģ0. 4,217,462 ('462 Patent) entitled "Rotary Furnace for Fusion of Mineral Bearing Substances, Apparatus and Method" to Rawles and Jenkins. ![]() On August 12, 1980, the PTO issued United States Patent No. On April 4, 1979, Jenkins and Rawles filed a continuation in part application in the PTO, Serial No. During August-September, 1978, three Combustion employees (Manis, Norton and Sutphin) quit Combustion, worked at Minco, then were re-hired by Combustion.ġ8. 904,441, in the United States Patent & Trademark office ("PTO") through patent attorney J. On May 9, 1978, Jenkins and Rawles filed a patent application, entitled "Rotary Furnace for Fusion of Mineral Bearing Substances, Apparatus and Method", Serial No. Minco built a new factory in Midway for the production of fused SiO2, incorporating an externally driven rotary furnace with conical ends, one of which was removable to provide for selective access to and removal of a fused mass of silica.ġ6. Rawles was not an owner or employee of Minco.ġ5. Minco was formed on September 23, 1977, by Jenkins and Richards, and another Ivan Potter became a Minco employee. Minco is a Tennessee corporation with its principal place of business in Midway, Greene County, Tennessee.ġ3. On July 29, 1977, Combustion fired Jenkins, Richards and Potter.ġ2. On May 13, 1977, Rawles resigned from Combustion.ġ1. In or about the spring of 1977, Combustion hired Robert Ross to manage the TEM fused SiO2 and fused MgO facilities in Greeneville.ġ0. The jumbo kiln was a flat-ended cylinder that was suspended between stands and rotated via babbitt bearings and journal bearings affixed to the stands.ĩ. By 1976-77 Combustion/TEM was using a rotary "jumbo kiln" to manufacture fused SiO2. Rawles' employment contract also contained provisions regarding inventions which Combustion contends assigned Rawles' interest in the patent-in-suit to Combustion.Ĩ. Rawles' employment contract precluded him from competing with Combustion/TEM in the fused SiO2 business for three years after his employment with Combustion/TEM was terminated.ħ. In 1970, Combustion acquired TEM Rawles was retained as general manager of TEM, under an employment contract.Ħ. Rawles also hired Ivan Potter (Jenkins' son-in-law) as a production supervisor.ĥ. ![]() In the early to mid 1960s, Rawles hired Kenneth Jenkins (Richards' brother) as a maintenance employee. In or about 1960, Rawles hired Verneil Richards as a secretary and bookkeeping employee. From its formation, Rawles was president of TEM.Ĥ. TEM's products included fused silica (SiO2) and fused Magnesia (MgO).ģ. ("TEM") with manufacturing facilities in Greeneville, Greene County, Tennessee.Ģ. Rawles formed Tennessee Electro Minerals, Inc. ("Combustion"), by counsel, agreed to the following "framework" of facts for the purposes of trial:ġ. ![]() ("Minco") and defendant Combustion Engineering, Inc. The Court first notes that prior to trial, the parties, plaintiff Minco, Inc. This patent infringement matter is before the Court for findings of fact and conclusions of law following the trial of this cause. Pavlak, Willian Brinks Hofer Gilson & Lione, Chicago, IL, for Combustion Engineering, Inc. Morton, Jr., Morton & Morton, Knoxville, TN, Robert L. Higgins, Jr., Middleton & Reutlinger, Louisville, KY, for Minco, Inc. ![]() Bradford Brittian, Pitts and Brittian, Knoxville, TN, James R. Terry, Terry, Terry and Stapleton, Morristown, TN, Robert E. Order Amending Judgment September 18, 1995.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |