KEARNEY & TRECKER CORP. v. CINCINNATI MILACRON INC.

Nos. 76-1131, 76-1132.

562 F.2d 365 (1977)

KEARNEY & TRECKER CORPORATION, Plaintiff-Appellant-Cross-Appellee, v. CINCINNATI MILACRON INC., and Cincinnati Milacron Company, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 1, 1977.


Attorney(s) appearing for the Case

Thomas S. Calder, John M. Kunst, Jr., Cincinnati, Ohio, Lester S. Clemons, Quarles & Brady, Thomas W. Ehrmann, Thad F. Kryshak, Victor DeMarco, Robert J. Hoerner, Milwaukee, Wis., Jones, Day, Reavis & Pogue, Cleveland, Ohio, for plaintiff-appellant-cross-appellee.

C. Jackson Cromer, Jeffrey P. Laycock, Gatch, Ritchie & Kleinmann, Cincinnati, Ohio, Wm. Marshall Lee, Robert C. Curfiss, Lee & Smith, and James P. Hume, Hume, Clement, Brinks, Willian, Olds & Cook, Ltd., Chicago, Ill., for defendants-appellees-cross-appellants.

Before CELEBREZZE and LIVELY, Circuit Judges, and SILER, District Judge.


LIVELY, Circuit Judge.

In this patent case the district court found that Kearney & Trecker (K&T) had practiced fraud on the Patent Office and had attempted to monopolize the domestic market for "multi-function machine tools with automatic tool changers." Though the district court found that one of the patents in litigation owned by K&T was valid and infringed by Cincinnati Milacron (Milacron), it was held to be unenforceable. The other patent was found...

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