The opinion of the court was delivered by: Robert D. Morgan, District Judge.
FINAL JUDGMENT ON LIABILITY
Based on the motion papers and accompanying briefs and the
representations of counsel at a hearing, all matters alleged in
plaintiffs' complaint and those matters in defendant's
counterclaims raised in the motion papers were considered by the
court to be placed before it for ruling, and therefore the court
has considered and has duly ruled upon the same as a matter of
summary judgment upon undisputed material facts.
This court's decision is based upon the pleadings, the
depositions, answers to interrogatories and admissions on file,
together with the affidavits and other evidence presented, the
briefs, arguments, and this court's interrogation of counsel at
a hearing. Among the material considered was live testimony
before this court in Colt Industries v. Springfield Armory, Inc.,
et al., Civil Docket No. 83-4072, with which this cause was
heretofore consolidated. That testimony was identified by the
transcript portions provided as exhibits to the instant motion.
This court has determined that summary judgment is appropriate
as indicated in this court's Memorandum Decision and Order
entered on May 24, 1985, 609 F. Supp. 1174 which Memorandum is
IT IS THEREFORE ORDERED AND ADJUDGED that:
1. There having been injury to plaintiffs' business and
property, a trial shall be held, as subsequently scheduled by
this court, to determine the amount and types of damages to which
plaintiffs may be entitled, and such other matters as may remain
to be resolved by trial.
2. A hearing shall be held after such trial to determine the
amount of attorneys' fees and interest and costs to which
plaintiffs may be entitled.
3. The disclosures made in Colt's M-16 patents are insufficient
to satisfy either the enablement or best mode requirements of
35 U.S.C. § 112. Accordingly, the following patents were invalid
from their inception:
3,236,155; 3,292,492; 3,301,133; 3,336,011;
3,440,751; 3,453,762; 3,619,929; 3,771,415;
4. In view of Colt Industries' wrongful retention as its trade
secrets of information that it should have disclosed, under
35 U.S.C. § 112, 1st paragraph, in its M-16 patents, so that others
could have made and used the M-16 inventions for use with the
M-16 (all references herein to M-16 are intended to include its
various versions such as the M-16A1 and the M-16A2, where the
context permits), such information is hereby declared void and
unenforceable as trade secrets. Colt Industries' monopolization
of the M-16 market and sub-markets and agreements in restraint of
trade in connection with its suppliers and distributors require
injunctive relief for an adequate remedy.
5. Though some of the M-16 trade secrets did not directly have
to be disclosed in the patents for various reasons of timing and
subject matter, in order to best place the public in a position
it would have been in but for the wrongful acts of Colt
Industries, and provide for proper competition, it is hereby
declared that all trade secrets in technical information relating
to the M-16, which came into existence prior to the entry of this
order, are hereby declared void and unenforceable.
7. Colt Industries, its officers, agents, servants, employees,
attorneys, and those entities in active concert or participation
with them (who receive actual notice of the order by personal
service or otherwise) are hereby enjoined from asserting or
seeking to enforce, in any manner which would impede or interfere
with plaintiffs in their businesses or employment, any form of
trade secret right in any technical ...