MERCANTILE NATIONAL BANK OF CHICAGO v. QUEST, INC.

No. 17694.

431 F.2d 261 (1970)

MERCANTILE NATIONAL BANK OF CHICAGO, Harold I. Snyder, Snyder Manufacturing Co., Incorporated, Zimmer Manufacturing Company, Plaintiffs-Appellees, v. QUEST, INC., Paul E. Magers, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

August 13, 1970.


Attorney(s) appearing for the Case

Harold B. Hood, Hood, Gust, Irish & Lundy, Indianapolis, Ind., for defendants-appellants.

Olson, Trexler, Wolters & Bushnell, Richard R. Trexler and John S. Fosse, McConnell, Curtis, Mahon & Borst, Francis J. McConnell, Chicago, Ill., Graham, Rasor & Harris, Robert L. Rasor, Warsaw, Ind., for plaintiffs-appellees.

Before SWYGERT, Chief Judge, and KILEY and KERNER, Circuit Judges.


KERNER, Circuit Judge.

Plaintiff-appellees filed suit alleging acts of infringement by defendants-appellants of their patented wound evacuator, an apparatus providing closed wound suction, and acts of unfair competition. The district court entered a judgment order finding the patent valid and infringed. Defendants appeal.

The "evacuator" is a surgical device sold under the trade name of "Hemovac," for the removal of fluids from the human body. The device consists...

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