WELSH CO. v. CHERNIVSKY

No. 14509.

342 F.2d 586 (1965)

WELSH CO., Plaintiff-Appellee, v. Victor A. CHERNIVSKY, d/b/a Comfy Babe Company, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 30, 1965.


Attorney(s) appearing for the Case

Bradford Wiles, William R. McNair, Chicago, Ill., for defendants-appellants.

Lawrence H. Cohn, St. Louis, Mo., Edwin S. Booth, Chicago, Ill., for appellee.

Before DUFFY, KILEY, and SWYGERT, Circuit Judges.


KILEY, Circuit Judge.

Welsh Company sued for a declaration that defendant's patent, No. 2,848,040, was invalid and not infringed by a baby chair manufactured by Welsh. Chernivsky counterclaimed, charging infringement. The district court found the patent valid but not infringed, entered judgment accordingly, and this appeal followed. We think the court's judgment is right as to validity and erroneous as to infringement.

The patented article in suit is an infant...

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