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K & W TRUCKING, INC. v. EIGHT POINT TRAILER CORP.

No. 22909.

418 F.2d 1243 (1969)

K & W TRUCKING, INC., et al., Appellant, v. EIGHT POINT TRAILER CORP., Appellee.

United States Court of Appeals Ninth Circuit.

November 25, 1969.

Attorney(s) appearing for the Case

Henry M. Bissell (argued); Fraser & Bogucki, Los Angeles, Cal., for appellants.

Wm. Jackquet Gribble (argued), Los Angeles, Cal., for appellee.

Before CHAMBERS, BROWNING and ELY, Circuit Judges.

PER CURIAM:

The judgment is affirmed as to infringement. We conclude that the finding of patent infringement on a truck trailer coupling device is not clearly erroneous.

We reverse as to the award of attorney fees. The infringement was very retail and not aggravated. It was mostly a case of a stubborn layman. There is just not enough wilfulness to make the case the extraordinary one required for an award of attorney's fees. Perhaps all victors in patent cases...

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