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HETEROCHEMICAL CORP. v. UNITED STATES RUBBER CO.

No. 15427.

368 F.2d 169 (1966)

HETEROCHEMICAL CORPORATION, Plaintiff-Appellant, v. UNITED STATES RUBBER COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 16, 1966.

Attorney(s) appearing for the Case

Walter J. Blenko, Pittsburgh, Pa., Frank H. Marks, Chicago, Ill., Arland T. Stein, Pittsburgh, Pa., for plaintiff-appellant; Blenko, Hoopes, Leonard & Buell, Pittsburgh, Pa., S. J. Crumpacker, Crumpacker, May, Levy & Searer, South Bend, Ind., of counsel.

Theodore S. Kenyon, Francis T. Carr, New York City, George B. Newitt, Bair, Freeman & Molinaire, Chicago, Ill., for defendant-appellee; Malvin R. Mandelbaum, Kenneth E. Madsen, Kenyon & Kenyon, Ray K. Kuhns, Arthur, Dry, Kalish, Taylor & Wood, New York City, of counsel.

Before KNOCH, KILEY and SWYGERT, Circuit Judges.

KILEY, Circuit Judge.

This is a patent infringement suit by Heterochemical Corporation, of Ohio, seeking an injunction and accounting against United States Rubber Company, of New Jersey. After Heterochemical filed notice of appeal from the district court's judgment against it, the patent expired so that the issue concerns only the question of damages for past infringement. We affirm.

TeGrotenhuis Patent No. 2,457,095 is concerned with synthetic rubber. Heterochemical...

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