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ILLINOIS TOOL WORKS, INC. v. BRUNSING

No. 21068.

378 F.2d 234 (1967)

ILLINOIS TOOL WORKS, INC., Appellant, v. Rex L. BRUNSING et al., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 23, 1967.

Attorney(s) appearing for the Case

Carl Hoppe, Ernest M. Anderson, Hoppe, Mitchell, Murtha & Anderson, San Francisco, Cal., Richard R. Trexler, Olson, Trexler, Wolters & Bushnell, Chicago, Ill., for appellant.

Louis F. Hawkins, Hawkins & Hawkins, San Rafael, Cal., for appellees.

Before HAMLEY, HAMLIN and DUNIWAY, Circuit Judges.

HAMLEY, Circuit Judge:

In its present posture, this is a suit for patent infringement brought by Illinois Tool Works, Inc., against Rex L. Brunsing, Brunsing & Sons, Inc., and Tay-Pak Corporation. The patents in question are Holmberg Patent No. 2,646,911, issued on July 28, 1953 and Poupitch Patent No. 2,923,406, issued on February 2, 1960. These patents, and the accused device, pertain to the packaging, in "six-paks" of conventional tin cans of food and beverages...

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